Lumumba v Shajanand Holdings Limited [2024] KEHC 3329 (KLR)

Lumumba v Shajanand Holdings Limited (Civil Appeal 121 of 2022) [2024] KEHC 3329 (KLR) (9 April 2024) (Ruling)

Neutral citation: [2024] KEHC 3329 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 121 of 2022

MS Shariff, J

April 9, 2024

Between

P. L. O. Lumumba

Appellant

and

Shajanand Holdings Limited

Respondent

Ruling

1. I have considered the Applicant’s notice of motion dated 17th December 2022, the affidavit in support thereof, the further affidavit in support and the replying affidavit. I have also considered the rival submissions of parties and I do hereby allow the application and make the following orders:1. An order of stay of execution of the judgment in Kisumu CMCC No. 390 of 2020: Shajanand Holding Limited -vs- P. L. O. Lumumba is granted until this appeal is heard and determined on the following condition:-a.That the Applicant/Appellant shall deposit into a joint interest account of parties advocates the decreatal sum of Kshs.460,250 within 30 days from the date hereof.b.In the event of default the Respondent shall be at liberty to execute.c.The Appellant is directed to file the record of appeal within 30 days from the date hereof.d.Mention on 8th May, 2024 to confirm compliance and take directions on the appeal.

DELIVERED, DATED AND SIGNED AT KISUMU THIS 9TH DAY OF APRIL, 2024. MWANAISHA. S. SHARIFFJUDGE