Middle East Bank Kenya Ltd v Nairobi Glass & Motor House (Civil Appeal E801 of 2025) [2026] KEHC 10484 (KLR) (Civ) (15 July 2026) (Ruling) Neutral citation: [2026] KEHC 10484 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E801 OF 2025 AC MRIMA, J JULY 15, 2026 BETWEEN MIDDLE EAST BANK KENYA LTD .................................................... APPELLANT AND NAIROBI GLASS & MOTOR HOUSE .............................................. RESPONDENT RULING 1. This ruling relates to the Notice of Motion dated 11th October 2025 filed by the Appellant/Applicant. It sought to stay execution of the judgment and decree in Nairobi [Milimani] Chief Magistrates Commercial Court Suit No. 9055 of 20187 [hereinafter referred to as ‘the suit’] which was delivered on 10th July 2025 in favour of the Respondent in the sum of Kshs. 18,565,166.40 with interests. The impugned decision further dismissed the Applicant’s claim for full indemnity against the 2nd Respondent. 2. By an Order of this Court, the Applicant deposited the judgment sum of Kshs. 18,565,166.40 in Court. Parties also filed responses to the application as well as written submissions. 3. This Court has had the liberty of carefully considering the application, the responses and the respective parties’ written submissions. 4. To this Court, in light of the legal guidance in Butt -vs- Rent Restriction Tribunal [1979] eKLR, among other decisions, coupled with the prerequisite conditions for the grant of a stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules, the application is merited. This Court so finds because there was no unreasonable and unexplained delay in filing the instant application, the Applicant has already deposited the judgment sum in Court and given the competing and complex nature of issues raised in the appeal, it is in the best interests of all the parties that the main appeal be expeditiously heard and determined. For clarity, none of the parties will suffer substantial https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10484/eng@2026-07-15 1
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loss or prejudice in the circumstances of this matter given the Court’s undertaking to expedite the determination of the appeal. 5. Having said so, the following orders hereby issue: (a) There shall be a stay of execution of the judgment and decree in Nairobi [Milimani] Chief Magistrates Commercial Court Suit No. 9055 of 2018 pending the determination of this appeal. (b) The trial Court file be availed for purposes of further directions on the main appeal. Orders accordingly. DELIVERED, DATED AND SIGNED AT NAIROBI THIS 15TH DAY OF JULY, 2026. A. C. MRIMA JUDGE Ruling virtually delivered in the presence of: Miss Oduor, Learned Counsel for the 1st Respondent. Mr. Wendo, Learned Counsel for the 2nd Respondent. Amina – Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10484/eng@2026-07-15 2
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