Obadiah Mugambi v Joyce Ncoro [2021] KEHC 5830 (KLR)
- Court
- High Court of Kenya
- Case number
- 5830
- Citation
- [2021] KEHC 5830 (KLR)
- Decided
- 24 June 2021
The court grants a stay of execution of the judgment and decree pending the hearing and determination of the appeal.
Facts
The applicant, Obadiah Mugambi, seeks a stay of execution of a judgment and decree from the Chief Magistrates' Court, which awarded damages for negligence following a road traffic accident. The respondent, Joyce Ncoro, has not demonstrated financial capability to pay the awarded amount.
Issues
- Whether the court should grant the applicant a stay of execution pending the hearing of the appeal
- Whether the applicant's appeal is arguable
Reasoning
The court finds that the applicant has demonstrated the likelihood of suffering substantial loss due to the respondent's failure to demonstrate financial capability to pay the awarded amount. The court also finds that the application was not brought with unreasonable delay.
Outcome
The court grants a stay of execution of the judgment and decree pending the hearing and determination of the appeal.
Orders
- Stay of execution of the judgment and decree pending the hearing and determination of the appeal
- The applicant shall pay the respondent Ksh 400,000/= within 30 days
- The applicant shall deposit the balance of the decretal amount in court within 30 days
- If the applicant fails to pay and deposit as per orders, the stay of execution shall lapse and be of no effect
- The costs of the application shall abide the outcome of the appeal
Remedies
- Stay of execution of the judgment and decree pending the hearing and determination of the appeal
- Payment of Ksh 400,000/= to the respondent
- Deposit of the balance of the decretal amount in court
Authorities cited
Cases cited (2)
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike & another [2006] eKLR
- Equity Bank Limited v Japhet Kubai Ikiamba & Another Meru HCCA No. E007A of 2020
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