Smattkar Enterprises Limited & another v Patrick Muiruri Wanyoike [2020] KEHC 672 (KLR)
- Court
- High Court of Kenya
- Case number
- 672
- Citation
- [2020] KEHC 672 (KLR)
The application for a stay of execution is allowed on condition that the appellants deposit the decretal sum in a joint interest earning bank account of the advocates for parties or in court within 30 days.
Facts
The appellants (Smattkar Enterprises Limited and Peter Gitutu Mbugua) sought a stay of execution of a judgment and decree in Milimani CMCC No.9971/2018, pending the hearing and determination of an appeal. The respondents (Patrick Muiruri Wanyoike) were dissatisfied with the condition of half the decretal sum being released to them.
Issues
- Whether to grant a stay of execution pending the appeal
- Whether to vary or alter the stay conditions
Reasoning
The court allowed the application on the condition that the appellants deposit the decretal sum, balancing the interests of the parties and considering the respondent's inability to refund the decretal sum.
Outcome
Application granted
Orders
- Deposit the decretal sum in a joint interest earning bank account of the advocates for parties or in court within 30 days
Authorities cited
Cases cited (1)
- Nrb Civil Application 238 of 2005 (UR 144/2005) National Industrial Credit Bank Ltd -Vs- Aquinas Francis Wasike & Another
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