Amos Mutwiri & another v Esther Kamba Gatimi (sued as the Legal Representative of the Estate of Reuben Muriuki (Deceased) [2021] KEHC 4638 (KLR)
- Court
- High Court of Kenya
- Case number
- 4638
- Citation
- [2021] KEHC 4638 (KLR)
- Decided
- 29 July 2021
The Court grants an order for stay of execution of the Judgment and/or Decree delivered on 21st May 2021 by Hon. L. N. Juma (SRM) in Meru CMCC No. 218 of 2020 pending the hearing and determination of the appeal.
Facts
The Applicant, Amos Mutwiri and Patrick Mwenda, filed an application seeking a stay of execution of the Judgment and/or Decree delivered on 21st May 2021 in Meru CMCC No. 218 of 2020. The Respondent, Esther Kamba Gatimi, opposed the application.
Issues
- Whether the Court should grant the Applicant stay of execution pending hearing of the Appeal
Reasoning
The Court found that the Respondent, Esther Kamba Gatimi, is financially endowed and able to settle the decretal sum, thus substantial loss has not been proven. The application was not brought with unreasonable delay.
Outcome
The Court granted the stay of execution of the Judgment and/or Decree pending the hearing and determination of the appeal.
Orders
- Security for due performance of decree
- Payment of Ksh.765,000 by the Applicant within 30 days
- Deposit of balance of the decretal amount in a joint interest earning account within 30 days
- Lapse of stay of execution in default of payment and deposit
- Costs of the application to abide the outcome of the appeal
Remedies
- Stay of execution of the Judgment and/or Decree pending the hearing and determination of the appeal
- Payment of Ksh.765,000 by the Applicant within 30 days
- Deposit of balance of the decretal amount in a joint interest earning account within 30 days
Authorities cited
Cases cited (3)
- Order 42 Rule 6 of the Civil Procedure Rules
- Equity Bank Limited v Japhet Kubai Ikiamba & Another Meru HCCA No. E007A of 2020
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike & another [2006] eKLR
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