Notice of Motion for Stay of Execution Pending Appeal (Trevor Okoth for the Applicant v Harish Bhanderi for the Respondent)
The bottom line
#The High Court paused enforcement of a judgment debt, but only because the losing party must deposit the full amount in court within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the application
Application filed timeously; ruling of 13th May 2024, application filed 28th May 2024
The court noted the short interval between delivery of the ruling and filing of the application and declined to dwell further on the delay limb of Order 42 Rule 6.
Substantial loss
Court found potential prejudice either way if the decretal sum were paid and the appeal later succeeded, justifying preservation via security
The court reasoned that execution followed by a successful appeal would prejudice the applicant, who would have paid in vain, while the ruling had allowed the plaintiff's claim with interest; balancing both parties' interests required securing the decree by depositing the full decretal amount as security.
Legal principles established
#- A stay of execution under Order 42 Rule 6 requires demonstration of prompt application, substantial loss, and provision of adequate security
- Substantial loss is the cornerstone of the jurisdiction to grant stay, to be prevented by preserving the status quo
Court orders
#- 1.Stay of execution of the decree granted on condition that the Applicant deposits in court security for performance of the entire decree within 45 days, failing which the stay lapses
- 2.Each party to pay its own costs of the application
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Notice of Motion for Stay of Execution Pending Appeal (Trevor Okoth for the Applicant v Harish Bhanderi for the Respondent)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.