Thiga v Unga Limited (Cause 2311 of 2016) [2022] KEELRC 1170 (KLR)

The court observed that by the time the application was filed, the 14-day period for filing a notice of appeal under the Court of Appeal Rules had lapsed and there was no application for extension of time. Without a notice of appeal, there is no appeal against the judgment and decree, and therefore no basis for stay of execution pending appeal.

Counsel for the Applicant was advised by the court at the time of delivery of judgment to file a formal application for stay. She waited 28 days and only filed after the decree holder demanded payment by letter dated 7th October 2021. The court held this demonstrated inordinate delay, one of the conditions under Order 42 Rule 6(2) that the applicant must satisfy.

The court noted that no offer of security appeared in the application, the supporting affidavit, or the Applicant's submissions. Since Order 42 Rule 6(2) requires that such security as the court orders for the due performance of the decree be given by the applicant, the failure to offer any security was a further independent ground for dismissing the application.