Dekoma Slaughter House Meat Vendors & Livestock Dealers Co-operative Society v Maina Mamo Mato [2018] KEELC 4172 (KLR)
The bottom line
#The High Court in Thika refused to pause collection of a Kshs 149,000 Tribunal award because the co-operative could not prove the winner couldn't repay if the appeal succeeded.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
The applicant failed to establish that it would suffer substantial loss if stay was not granted
The appellant's apprehension rested on an unproved allegation that the respondent had no known means or whereabouts. The court held that the burden lay on the appellant to prove this allegation, and that poverty of a successful litigant is not a ground for stay. Substantial loss is the cornerstone of an order for stay of execution.
Unreasonable delay
The application was filed within a reasonable time given the court vacation, so no unreasonable delay
Judgment was delivered on 2nd December 2016, the Memorandum of Appeal filed on 4th January 2017 and the application on 25th January 2017. Since the period between 21st December and 13th January is not counted, the application satisfied the requirement of being made without unreasonable delay.
Security
The security condition did not arise because substantial loss, the cornerstone, was not established
Although the appellant offered to deposit the decretal sum in an interest-earning account, the court held the issue of security did not apply since the appellant failed to substantiate substantial loss, and the successful respondent should not be deprived of the fruits of judgment on mere apprehension.
Legal principles established
#- A successful litigant should not be denied the fruits of judgment merely because he is poor; financial inability of a decree holder should not be the sole reason for allowing a stay
- The applicant alleging that a decree holder cannot refund the decretal sum bears the burden of proving that allegation
Court orders
#- 1.Dismissal of the Notice of Motion dated 25th January 2017 seeking stay of execution
- 2.Costs of the application to the Respondent
- 3.Appellant to file the Record of Appeal within 30 days and set the appeal for direction under Sections 79(B) and 79(C) of the Civil Procedure Act
- On appeal from
- Cooperative Tribunal
- 469 of 2010
- Jurisdiction invoked
- Sections 3A, 1A and 1B of the Civil Procedure Act and Order 22 Rule 22, Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dekoma Slaughter House Meat Vendors & Livestock Dealers Co-operative Society v Maina Mamo Mato [2018] KEELC 4172 (KLR)", Case Analysis (2018). Civil Appeal (from Cooperative Tribunal Case No. 469 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4172/eng@2018-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.