Mburu Rashid v Billy Lubanga Namayi [2017] KEHC 6753 (KLR)
- Court
- High Court of Kenya
- Case number
- 6753
- Citation
- [2017] KEHC 6753 (KLR)
- Decided
- 2 March 2017
The court grants the order for a stay of execution pending appeal on condition that the appellant deposits the decretal sum in an interest earning account in the joint names of learned advocates or firms of advocates within 30 days.
Facts
The respondent filed a compensatory suit against the appellant for injuries sustained in a road traffic accident. The appellant appealed the judgment and filed a motion for a stay of execution.
Issues
- Whether the appellant would suffer substantial loss if the order for stay is denied.
- Whether the motion was filed without undue delay.
- Whether the court should consider the type of security to order for the due performance of the decree.
Reasoning
The court considered the principles to be considered in determining applications for stay and found that the appellant would suffer substantial loss if the order for stay is denied. The motion was filed without undue delay and the court considered the type of security to order for the due performance of the decree.
Outcome
The court granted the order for a stay of execution pending appeal.
Orders
- The appellant must deposit the decretal sum in an interest earning account in the joint names of learned advocates or firms of advocates within 30 days.
Remedies
- The appellant must deposit the decretal sum in an interest earning account in the joint names of learned advocates or firms of advocates within 30 days.
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