JOHN B. M. MUYA v KENYUA NGUNJIRI [2007] KEHC 2490 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)

Civil Appeal 88 of 2007

JOHN B. M. MUYA ……………………..……………….APPELLANT

V E R S U S

KENYUA NGUNJIRI …………………………………RESPONDENT

R U L I N G

This is an application (chamber summons dated 25th May, 2007) by the Appellant for stay of execution of the decree of the lower court pending hearing and determination of the appeal herein. The Respondent, through his learned counsel, says that he would have no objection to an order for deposit of the decretal sum in a joint interest-earning account, just as the lower court had ordered.  He however opposes security by way of deposit of the title deed of some property as offered by the Appellant.

The Appellant on his part, through his learned counsel, says that although he can raise the decretal sum for deposit, such deposit would not benefit anyone because the rate of interest paid these days is too low.  So, he has offered instead to deposit in court the title deed to land parcel L.R. DAGORETTI/KINOO/1814, which he says is valued at KShs. 1. 5 million.

I have read the supporting as well as the replying affidavits.  I have also given due consideration to the submissions of the learned counsels.  It is the duty of the court to protect the interests of both parties in an application of this nature.  I consider that the interests of both parties herein will be best served by allowing the application upon the condition that the Appellant does, within twenty-one (21) days of delivery of this ruling, deposit the decretal sum (for the purposes of this order the same is deemed to be KShs. 1,250,000/00) in an interest-earning account in the joint names of the advocates on record.  Such account shall be opened in a reputable commercial bank or financial institution.  In default of the said deposit, the order of stay of execution herein shall stand raised.  Costs of the application shall be in the appeal.  Orders accordingly.

DATED THIS 2ND DAY OF JULY 2007

H. P. G. WAWERU

J U D G E

DELIVERED THIS 6TH DAY OF JULY 2007