Masore Nyang’au & Co. Advocates v Supplies & Services Limited
The bottom line
#A Nairobi court paused execution of a judgment for 90 days, but only because the appellant agreed to deposit the full decretal sum in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should grant conditional stay of execution pending appeal
Conditional stay granted for 90 days upon deposit of the decretal sum in court within 21 days
The court exercised its discretion under Order 42 rule 6, balancing the competing rights and interests of the parties. It declined to assess the validity or strength of the intended appeal, holding that it sufficed that the applicant had filed a notice of appeal, and granted time-bound conditional stay to secure restitution.
Whether the court should examine the validity and strength of the intended appeal
The validity and strength of the appeal is not the province of the court at this stage
The court held that it need not interrogate the merits of the intended appeal; it is enough that the applicant demonstrated intention to appeal by filing a notice of appeal. The respondent's argument that leave to appeal was required did not persuade the court to refuse stay.
Legal principles established
#- Stay of execution pending appeal is governed by Order 42 rule 6 of the Civil Procedure Rules and is discretionary
Court orders
#- 1.An order of stay of execution of the judgment herein is given for a period of 90 days
- 2.The applicant is directed to deposit the sum of ksh. 580,191 in court within a period of 21 days otherwise the orders of stay shall lapse
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masore Nyang’au & Co. Advocates v Supplies & Services Limited", Case Analysis (2022). Environment and Land Miscellaneous Application 286 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14488/eng@2022-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.