Jane Wanja Njiru t/a Microfins Services v Postmail Sacco Ltd [2018] KEHC 2819 (KLR)
- Court
- High Court of Kenya
- Case number
- 2819
- Citation
- [2018] KEHC 2819 (KLR)
The application is granted on the following terms: a stay of execution of the lower court judgment, the applicant deposits half of the decretal sum in an interest earning account in the names of both advocates on record, the balance of the decretal sum shall be secured by a bank guarantee, these conditions shall be fulfilled within 30 days from the date of this ruling, and the time to file the appeal is also extended by 30 days from the date of this ruling.
Facts
The applicant, Jane Wanja Njiru, filed an application for leave to extend time to file an appeal and stay of execution of the judgment of the lower court delivered on July 11, 2016. The respondent, Postmail Sacco Ltd, opposed the application.
Issues
- Substantial loss may be occasioned if the order of stay is not granted.
- The intended appeal is arguable so that it is not rendered nugatory.
Reasoning
The court considered the delay in filing the application and the need to demonstrate substantial loss and arguable appeal.
Outcome
The application is granted.
Orders
- Stay of execution of the lower court judgment.
- The applicant deposits half of the decretal sum in an interest earning account in the names of both advocates on record.
- The balance of the decretal sum shall be secured by a bank guarantee.
- These conditions shall be fulfilled within 30 days from the date of this ruling.
- The time to file the appeal is also extended by 30 days from the date of this ruling.
Remedies
- Stay of execution of the lower court judgment.
- Deposit half of the decretal sum in an interest earning account in the names of both advocates on record.
- Secure the balance of the decretal sum by a bank guarantee.
Authorities cited
Legislation (5)
- Civil Procedure Act
- Order 22 Rule 22
- Order 42 Rule 6
- Order 50 Rule 6
- Order 51 Rules 1 and 3
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