Peter Mugambi Kilingu v Jadiel Mungathia [2021] KEHC 4739 (KLR)
- Court
- High Court of Kenya
- Case number
- 4739
- Citation
- [2021] KEHC 4739 (KLR)
- Decided
- 15 July 2021
The court grants an order for stay of execution of the judgment and/or decree pending the hearing and determination of the appeal.
Facts
The applicant, Peter Mugambi Kilingu, seeks a stay of execution of a judgment and decree delivered on 29 October 2020 by Hon. T. Gesora (SPM) in Maua CMCC No. 180 of 2020. The respondent, Jadiel Mungathia, opposes the application, alleging that the applicant was granted a 30-day stay in the trial court but failed to utilize it and that the applicant has a good insurance cover.
Issues
- Whether the court should grant the applicant a stay of execution pending hearing of the appeal
Reasoning
The court finds that the applicant has demonstrated the likelihood of suffering substantial loss due to the respondent's inability to refund the monies, and that the application has been brought without unreasonable delay.
Outcome
The court grants the stay of execution.
Orders
- Stay of execution pending hearing and determination of the appeal
- The applicant shall pay Ksh 181,100 to the respondent within 30 days
- The applicant shall deposit the balance of the decretal amount in a joint interest earning account within 30 days
- In default, the stay of execution shall lapse
- The costs of the application shall abide the outcome of the appeal
Remedies
- Stay of execution pending appeal
- Payment of Ksh 181,100 to the respondent
- Deposit of balance of the decretal amount in a joint interest earning account
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