David Kipkemoi Koskei v Kenya Commercial Bank & 2 others [2020] KEHC 2002 (KLR)
- Court
- High Court of Kenya
- Case number
- 2002
- Citation
- [2020] KEHC 2002 (KLR)
- Decided
- 23 October 2020
The Court grants a stay of execution pending appeal on condition that the Plaintiff/Applicant deposits Ksh. 3,000,000 in an interest-earning account held jointly by the Plaintiff/Applicant's counsel and the 3rd Respondent within 60 days of this date.
Facts
The Plaintiff/Applicant, David Kipkemoi Koskei, has been occupying the suit property since 1964 and has filed an appeal against a previous ruling that he vacate the property. The 3rd Defendant/Respondent, Richard Bengat, claims to have purchased the property from the 1st Defendant/Respondent, Kenya Commercial Bank, on 10/4/2001.
Issues
- Whether the Plaintiff/Applicant will suffer substantial loss unless the order of stay is granted.
- Whether the Application was made without unreasonable delay.
- Whether the Plaintiff/Applicant should give security for the due performance of the decree.
Reasoning
The Court found the application was made timeously and without unreasonable delay. The Plaintiff/Applicant must show substantial loss will occur if the orders are not granted.
Outcome
The Application for stay of execution is granted.
Orders
- Stay of Execution pending appeal on condition that the Plaintiff/Applicant deposits Ksh. 3,000,000 in an interest-earning account held jointly by the Plaintiff/Applicant's counsel and the 3rd Respondent within 60 days of this date.
- In default, the order of stay of execution to be discharged and execution to issue.
Remedies
- Costs of the Application to be provided for.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (3)
- Vishram Ravji Halai vs. Thornton & Turpin Civil Application No. Nai. 15 of 1990 [1990] KLR 365
- Focin Motorcycle Co. Limited vs. Ann Wambui Wangui& Another [2018]eKLR
- Patrick Mwenda vs. Evans Omari Mwita [2016]eKLR
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