Adan & another v Makanga (Civil Appeal E153 of 2025) [2026] KEHC 2401 (KLR) (26 February 2026) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2401
- Citation
- [2026] KEHC 2401 (KLR)
- Decided
- 26 February 2026
The court denied the appellants' application for a stay of execution pending appeal.
Facts
The appellants (Adan & Sahane Enterprises Limited) filed an appeal against a judgment of the High Court at Eldoret, delivered on June 24, 2025, which awarded general and special damages, costs, and interest to the respondent (Veronica Imbosha Makanga). The appellants sought a stay of execution pending the appeal.
Issues
- Whether a stay of execution pending appeal should issue
Reasoning
The court found that the application was filed without unreasonable delay and that the appellants are ready and willing to provide security for the due performance of the decree. However, the court noted that the appellants have not sufficiently demonstrated substantial loss that they would suffer if the stay is not granted.
Outcome
The court dismissed the application with costs to the respondent.
Orders
- The application for a stay of execution pending appeal was dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (4)
- Butt Vs Rent Restriction Tribunal [1979]
- Arun C. Sharma v Ashana Raikundalia T/A Rairundalia & Co. Advocates [2014]
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike and Another [2006]
- Nairobi Court of Appeal Civil Appeal No. 98 of 2024 Gitobu Imanyara & 2 others vs Attorney General
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