Ph Ogolla- Onyango v Daniel Githegi [2020] KEHC 3264 (KLR)
- Court
- High Court of Kenya
- Case number
- 3264
- Citation
- [2020] KEHC 3264 (KLR)
- Decided
- 28 August 2020
The court granted a stay of execution pending appeal, subject to the applicant depositing Ksh 500,000 in a joint interest earning account within 90 days.
Facts
The defendant/applicant sought a stay of execution of a judgment and decree issued by Hon. L.J. Farah on 21st June 2019, claiming financial hardship and intending to appeal. The plaintiff/respondent opposed the stay, asserting the judgment was properly rendered and the respondent was entitled to execute the judgment.
Issues
- Whether a stay of execution pending appeal should be granted or not.
Reasoning
The court considered the discretionary power to grant or refuse a stay of execution, balancing the applicant's need for a stay against the respondent's right to execute the judgment. The court found the applicant had not demonstrated an arguable appeal and failed to file a memorandum of appeal.
Outcome
Stay of execution granted pending appeal
Orders
- The applicant must deposit Ksh 500,000 in a joint interest earning account within 90 days
Remedies
- Stay of execution pending appeal
Authorities cited
Cases cited (5)
- Butt vs Rent Tribunal (1982) KLR 417
- Congress Rental South Africa vs Kenyatta International Conference Centre, Cooperative Bank Of Kenya (Garnishee) (2019) eKLR
- Halal & Another vs Thornton & Turpin Ltd (2014) eKLR
- Machira T/A Machira & Co. Advocates vs East Africa Standard (No. 2) (2002) 2 KLR 63
- Onesmus Mburu Njuguna vs Samson Kitire Kuna (2007) eKLR
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