Car and General (Trading) Limited v Marion Wairimu Muriithi & 3 others [2020] KEHC 4385 (KLR)
- Court
- High Court of Kenya
- Case number
- 4385
- Citation
- [2020] KEHC 4385 (KLR)
- Decided
- 10 July 2020
The court granted the appellant an order for stay on condition that the appellant provides either a bankers guarantee or an insurance bond covering the decretal sum of Ksh.2,511,275/= as security for the due performance of the decree within 45 days from the date hereof.
Facts
Car and General (Trading) Limited filed a motion for a stay of execution pending appeal after the trial court entered judgment in favor of the respondents in the sum of Ksh.2,511,275/= plus interest and costs.
Issues
- Whether the appellant should be granted a stay of execution pending appeal
- Whether the appellant should be required to provide security for the due performance of the decree
Reasoning
The court considered the principles of timing, substantial loss, and security for the decree. The court found that the appellant would suffer substantial loss if the order for stay is denied and that security for the decree is necessary.
Outcome
The court granted the appellant an order for stay pending appeal.
Orders
- Order for stay of execution pending appeal
- Condition that the appellant provides either a bankers guarantee or an insurance bond covering the decretal sum of Ksh.2,511,275/= as security for the due performance of the decree within 45 days from the date hereof
Remedies
- Order for stay of execution pending appeal
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