Purity Njeri Gitonga v Lucy Mukwanyaga Mbabu [2019] KEHC 2769 (KLR)

Facts

Respondent obtained a judgment against the appellant for Kshs. 390,000, and the appellant seeks a stay of execution pending appeal due to potential irreparable loss.

Issues

1. Whether the appellant will suffer substantial loss if the judgment is executed
2. Whether the application for stay was made without unreasonable delay
3. Whether the appellant has demonstrated her willingness to furnish security

Reasoning

The court finds the appellant will suffer substantial loss and the application was not made with unreasonable delay. However, the court notes the appellant has not demonstrated her willingness to furnish security.

Outcome

Stay of execution granted

Authorities cited