Kariuki v Wanjiru (Suing as the legal representative of the Estate of Liam Mbugua) (Deceased)) (Civil Appeal E189 of 2021) [2022] KEHC 13630 (KLR) (6 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 13630
- Citation
- [2022] KEHC 13630 (KLR)
- Decided
- 6 October 2022
The court grants a stay of execution of the decree pending the hearing and determination of the appeal, subject to the appellant providing the decretal sum in an interest-earning account and refunding the amount deposited in this appeal.
Facts
The appellant, Maina Ndegwa Kariuki, seeks a stay of execution of the trial court's decree in Gatundu Chief Magistrate's Court Civil Case No. 335 of 2018, claiming substantial loss if the decree is not stayed. The respondent, Esther Wanjiku Wanjiru, opposes the application due to lack of security provided by the appellant.
Issues
- Whether the appellant has met the standards required by Order 42 Rule 6 of the Civil Procedure Rules to obtain a stay of execution.
- Whether the appellant has provided sufficient security for the due performance of the decree.
Reasoning
The court found that the appellant had proved they would suffer substantial loss if the stay was not granted, and that the appellant provided a bank guarantee as security, which the court deemed insufficient.
Outcome
The court grants a stay of execution of the decree.
Orders
- Stay of execution of the decree in Gatundu Chief Magistrate's Court Civil Case No. 335 of 2018 on condition the appellant provides the decretal sum in an interest-earning account.
- The amount deposited in this appeal shall be refunded to the appellant.
- Directions for the hearing of the appeal, including filing of the record of appeal and submissions to the appeal.
- The costs of the Notice of Motion shall abide with the outcome of this appeal.
Remedies
- Stay of execution of the decree pending the hearing and determination of the appeal.
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the Civil Procedure Rules
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