James Wanyoike t/a Promise (Mwanake Luxury) Coach & 2 others v Abdul (Civil Appeal E007 of 2024) [2024] KEHC 5913 (KLR) (27 May 2024) (Ruling)

Summary at a glance

Facts

James Wanyoike t/a Promise (Mwanake Luxury) Coach and two other applicants appealed against a judgment and order of Kshs. 306,550 plus costs and interests, seeking a stay of execution pending appeal.

Issues

• Whether the applicants have met the conditions necessary to grant a stay pending appeal.
• Whether substantial loss may result to the applicants unless the order is made.

Reasoning

The court considered the principles of granting or refusing a stay of execution pending appeal and the applicants' claim of substantial loss.

Outcome

The court granted the stay of execution pending appeal.

Orders

• Stay of execution of the judgment and decree of Kshs. 306,550 plus costs and interests pending the hearing and determination of this application inter-parties.
• Stay of execution of the judgment and decree of Kshs. 306,550 plus costs and interests pending the hearing and determination of LODWAR HCCA No. E007 of 2024.
• Allow the applicants to furnish the court with security in the form of a Bank guarantee from the Family Bank.
• Provide for the costs of this application.

Remedies

• Stay of execution of the judgment and decree of Kshs. 306,550 plus costs and interests pending the hearing and determination of this application inter-parties.
• Stay of execution of the judgment and decree of Kshs. 306,550 plus costs and interests pending the hearing and determination of LODWAR HCCA No. E007 of 2024.
• Allow the applicants to furnish the court with security in the form of a Bank guarantee from the Family Bank.
• Provide for the costs of this application.

Authorities cited