Ngacha v Ireri (Civil Appeal E58 of 2026) [2026] KEHC 10215 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10215 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CIVIL APPEAL E58 OF 2026 JM NANG'EA, J JULY 8, 2026 BETWEEN SIMON KABAIKU NGACHA ................................................................ APPLICANT AND ANTONY IRERI .................................................................................. RESPONDENT RULING 1. 2. The Appellant brings a Notice of Motion dated 24th April, 2026 for orders as here below; 1. Spent. 2. Spent. 3. This Honourable Court be pleased to grant an Order of stay of execution of the judgment on 12/02/2026 and all consequential orders arising therefrom pending the hearing and determination of the appeal. 4. This Honourable Court be pleased to issue an Order for the applicant to deposit the entire decretal sum of Kshs. 545,905/= in court or in a joint interest-earning account in the name of counsels for both parties pending hearing and determination of Nakuru Hcca No. E058 Of 2026 Simon Kabaiku Ngacha Versus Antony Ireri. 5. This Honourable Court be pleased to issue any other Order as it may deem just, appropriate, and expedient in the interest of justice. 6. Costs of this application be provided for. The application is supported by the Appellant’s affidavit evidence. Despite evidence of service of the Application upon the Respondent, no reply thereto has been put in. The Application is therefore deemed as unopposed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10215/eng@2026-07-08 1
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3. The Motion is allowed as per prayers 3 and 4. The Appellant shall deposit the entire decretal sum into court within 30 days from the date hereof, in default of which the order for stay of execution shall stand automatically vacated. 4. The costs of the application shall abide the Appeal. J. M. NANG’EA, JUDGE. Ruling, dated, signed and delivered virtually this 8th day of July, 2026. In the presence of: Ms Nasimiyu Advocate for the Applicant Respondent, Absent Court Assistant (Jenifier) J. M. NANG’EA, JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10215/eng@2026-07-08 2
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