Nyanga’u v Mekenye & 2 others (Civil Appeal E089 of 2021) [2022] KEHC 11134 (KLR) (2 June 2022) (Ruling)

Summary at a glance

Facts

Victor Manyisa Nyanga'u sought a stay of execution of a judgment in favor of Mariko Neko Mekenye and others, pending his appeal. He claimed he was aggrieved by the judgment and had an arguable appeal with a high chance of success.

Issues

• Whether the Appellant's application for a stay of execution was timely
• Whether the Appellant had met the threshold for an order for stay of execution
• Whether a bank guarantee was suitable security for the decretal sum

Reasoning

The court found that the Appellant had met the first two conditions for an order for stay of execution, but determined that a bank guarantee was not suitable security due to potential non-honouring by the bank.

Outcome

The appeal was allowed with conditions

Orders

• A stay of execution of the judgment pending the appeal
• Deposit of Kshs 842,000/= into court within 30 days
• Appellant to file and serve his Record of Appeal within 45 days
• Further orders and/or directions to be mentioned on 21st September 2022

Remedies

• Deposit of Kshs 842,000/= into court

Authorities cited