Aoro v Were [2022] KEHC 11185 (KLR)

Aoro v Were (Civil Appeal E024 of 2022) [2022] KEHC 11185 (KLR) (15 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11185 (KLR)

Republic of Kenya

In the High Court at Siaya

Civil Appeal E024 of 2022

RE Aburili, J

June 15, 2022

Between

Fredrick Onyango Aoro

Applicant

and

Mary Auma Were

Respondent

(Being an Appeal from the Judgment/decree of Hon. S.W. Mathenge, Resident Magistrate dated 19/4/2022 and delivered on 19/4/2022 in Bondo PMCC No. 35 of 2020)

Ruling

1. As the parties have agreed on the stay of execution of decree in Bondo PMCC No. 35/2020 save for the mode of security for the due performance of decree, the application dated 23/5/2022 be and is hereby allowed in the following terms:1. That there is hereby granted to the appellant/applicant, stay of execution of decree made on 19/4/2022 before Bondo PMCC No. 35/2020 pending the hearing and determination of this appeal conditional upon the appellant depositing the whole decretal sum into a joint interest earning account to be opened and held by both counsel for the appellant Ms. Kimondo Gachoka & Co. Advocates and the Respondent’s counsel Ms. Geoffrey Okoth and Co. Advocates.2. The Decretal sum of Kshs. 110,500 shall be deposited in the opened account within 40 days of today and in default, execution shall issue.3. As the costs have not been assessed and a Certificate of taxation issued, this court cannot make any orders on the same.4. The Parties are also implored by this court to explore an amicable settlement of the decretal sum and if they so agree, they can file a consent for adoption by the court.5. This appeal shall be mentioned before the Deputy Registrar on 15/7/2022 to confirm availability of the trial court record for admission of the appeal and or for further directions.

2. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF JUNE, 2022R.E. ABURILIJUDGE