Omondi v Atito (Civil Appeal E016 of 2022) [2023] KEHC 3955 (KLR) (24 April 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3955
- Citation
- [2023] KEHC 3955 (KLR)
- Decided
- 24 April 2023
The Appellant's application for a stay of execution pending appeal is granted, subject to depositing Kshs 200,000/= into an interest-earning account in the joint names of the Appellant's and the Respondent's advocates within 90 days from the date of this Ruling.
Facts
The Appellant owed the Respondent Kshs 893,250/=, and the Respondent took out a warrant of arrest in execution of a decree. The Appellant filed an application to lift the warrant and liquidate the balance, which was dismissed by the Chief Magistrate. The Appellant appealed the decision.
Issues
- Whether the Appellant's application for a stay of execution pending appeal should be granted.
- Whether the Appellant should be required to deposit Kshs 200,000/= into an interest-earning account as a condition for the stay of execution.
Reasoning
The court considered the cases of RWW v EKW, Butt v Rent Restriction Tribunal, and others, and found that the Appellant's application was timely and that substantial loss would result if the stay was not granted.
Outcome
Appeal granted
Orders
- Stay of execution pending appeal granted
- Appellant to deposit Kshs 200,000/= into an interest-earning account within 90 days
- Appellant to file and serve Record of Appeal within 120 days
- Registrar to facilitate typing of proceedings and placing of lower court file within 90 days
- Proceedings will be mentioned on 27th September 2023
Remedies
- Stay of execution pending appeal
- Deposit of Kshs 200,000/= into an interest-earning account
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
Cases cited (6)
- RWW v EKW [2019]eKLR
- Butt v Rent Restriction Tribunal [1979] eKLR
- Vishram Ravji Halai vs Thorton & Turpin [1990] eKLR
- James Wangalwa & Another vs Agnes Naliaka Cheseto [2012] eKLR
- Mukuma v Abuoga [1998] KLR 645
- Mohammed Salim T/A Choice Butchery v Nasserpurial Memon Jamat [2013] eKLR
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