John Mbuthia Ndung’u & another v Joseph Mutua Musango [2021] KEHC 6558 (KLR)
- Court
- High Court of Kenya
- Case number
- 6558
- Citation
- [2021] KEHC 6558 (KLR)
- Decided
- 2 June 2021
The Applicants are granted leave to file and serve their Memorandum of Appeal within 14 days from the date of this ruling. An order of stay of execution of the judgement and decree in Kithimani Senior Resident Magistrate’s Court Civil Suit No.407 of 2018 is hereby granted pending the hearing and determination of the intended appeal on condition that the decretal sum of Kshs. 2,287,500.00/- is deposited in a joint interest earning account in the name of the respective parties’ advocates within 30 days from the date of this ruling and in default thereof the stay shall lapse.
Facts
The trial court awarded Kshs. 2,287,500 to the Respondent and held the Applicants 75% liable in damages. The Applicants did not file an appeal within 30 days and filed an application for leave to appeal out of time.
Issues
- Whether the Applicants have a good and arguable appeal that has high chances of success
- Whether the Applicants will suffer substantial and irreparable loss and damage if the appeal is not allowed
- Whether the Respondent's financial standing is unknown and thus the Applicants will not recover the decretal amount if the appeal is successful
Reasoning
The court found the application merited and allowed it, granting leave to appeal and a stay of execution pending the appeal.
Outcome
The application is allowed.
Orders
- Leave to appeal granted
- Stay of execution granted pending appeal
Remedies
- Deposit of decretal sum in a joint interest earning account
Authorities cited
Cases cited (2)
- Absalom Dova vs Tarbo Transporters [2013] eKLR
- Focin Motorcycle Co. Limited vs. Ann Wambui Wangui & another [2018] eKLR
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