Wanjiku Muchemi v Standard Group Limited & 2 others [2021] KEHC 941 (KLR)
- Court
- High Court of Kenya
- Case number
- 941
- Citation
- [2021] KEHC 941 (KLR)
- Decided
- 30 December 2021
The application for stay of execution is allowed, and the applicants are granted a conditional stay pending appeal. They must deposit the decretal sum of Ksh.17,000,000/= in an interest-earning account within 60 days.
Facts
The defendants/applicants sought a stay of execution of a judgment delivered on November 7, 2019, pending an appeal to the Court of Appeal. The plaintiff opposed the application, arguing that the substantial judgment sum of Ksh.17,000,000/= does not constitute substantial loss.
Issues
- Whether the applicants have complied with the Court of Appeal Rules 2010 concerning the filing of the appeal.
- Whether the applicants are entitled to a stay of execution due to potential substantial loss.
Reasoning
The court found the applicants’ motion meritorious and granted the stay on the condition that the applicants deposit the decretal sum in an interest-earning account. The court noted that the substantial judgment sum does not necessarily constitute substantial loss.
Outcome
The application for stay of execution is granted.
Orders
- An order for stay of execution of the judgment/decree is granted pending appeal on condition that the appellants deposit the decretal sum of Ksh.17,000,000/= in an interest earning account in the joint names of advocates or firms of advocates appearing in this matter within 60 days from the date hereof. In default the order for stay shall be deemed to have been denied.
Remedies
- Conditional stay of execution pending appeal.
Loading judgment…