China Jiangxi International Ltd v Festus Muriithi Gitonga [2018] KEHC 2592 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

CIVIL APPEAL  NO. 26 OF 2017

(Being an Appeal from the Judgment and Decree  in Kitale Chief Magistrate's Court in Civil Suit No. 346 of 2015  delivered by  Hon. V.O. Adet Senior Resident Magistrate

CHINA JIANGXI INTERNATIONAL LTD...........APPELLANT

VERSUS

FESTUS MURIITHI GITONGA.........................RESPONDENT

R U L I N G

1.  The court has perused the application dated 20/9/2018 together with the supporting affidavit.  The court has also perused the grounds of opposition and the replying affidavit by the Respondent.

2.  The said application for stay pending appeal is hereby  dismissed for the simple reason that the  Applicant has not demonstrated that the Respondent is a man of straw and  is incapable of  refunding the half decremental amount as ordered by the trial court to be paid to him.

3.  Secondly I do not find the reasons advanced by the  trial court as  conditions for stay pending appeal so unreasonable.

4.  The application is otherwise dismissed.   The costs shall abide the appeal.

Orders accordingly.

Delivered, signed and dated at Kitale on this 29th day of October, 2018.

__________________

H.K. CHEMITEI

JUDGE

29/10/18

In the presence of:

Bisonga holding brief for Appellant.

No appearance for  Sifuna

Court Assistant - Kirong

Ruling read in open court.