Point 50 Capital Limited & Apollo Eric v Humphrey Njoroge Mumita & Sophie Murage Musasi [2022] KEHC 2620 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL APPEAL NO. E765 OF 2021

POINT 50 CAPITAL LIMITED.............................................................1ST APPELLANT

APOLLO ERIC........................................................................................2ND APPELLANT

VERSUS

HUMPHREY NJOROGE MUMITA................................................1ST RESPONDENT

SOPHIE MURAGE MUSASI ........................................................ 2ND RESPONDENT

RULING

1)   On 30th November 2021, Lady Justice Meoli, granted an interim order for stay of execution of decree issued by the trial court for 45 days on condition that the applicants deposit the sum of ksh.200,000/= in court within 14 days.

2)  The applicants were further required to approach the registry to fix an interpartes hearing date of the motion dated 25. 11. 2021.  The registry eventually fixed the aforesaid application for interpartes hearing on 2nd February, 2022.

3)   The appellants/applicants have now taken out the motion dated 18th January 2022 in which they basically sought for the extension of the interim orders for stay of execution of the decree since they would lapse before the hearing date.  The application proceeded for hearing exparte when the respondents failed to attend court and when they also failed to respond to the application.

4)   It is the submission of the appellants that they complied with the order requiring them to deposit in court the sum of ksh.200,000/= as security for the due performance of the decree.

5)   The appellants aver in the affidavit sworn by Eric Apollo that they deposited the aforesaid amount in court as a condition precedent to enjoy the stay orders.  That averment is not controverted by the respondents.

6)   I am satisfied that the appellants are entitled to have the order for stay reissued and extended to last until the interpartes hearing date of the motion dated 25. 11. 2021.

7)   In the end, I find the motion dated 18. 1.2022 to be with merits.

Consequently, an order for stay of execution of the trial court’s decree is re issued to last until 1st March 2022 when the motion dated 25. 11. 2021 comes up for interpartes hearing.

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 4TH DAY OF FEBRUARY, 2022.

………….…………….

J. K.  SERGON

JUDGE

IN THE PRESENCE OF:

……………………………. FOR THE APPELLANT

……………………………. FOR THE RESPONDENT