Automated Summary
Key Facts
The appellant sought an extension to comply with a court order requiring the deposit of Kshs.1,452,878.57 in an interest-bearing account or a bank guarantee to stay execution pending appeal. The court previously granted this stay on 11 June 2021 with a 45-day deadline, which the appellant failed to meet due to economic challenges and delays in selling land. After considering the respondents' opposition (labeling the motion an abuse of process) and the applicant's reasonable explanations, the court extended the deadline to 60 days from 17 December 2021, requiring a bank guarantee from a reputable institution. The applicant was ordered to bear the motion's costs.
Issues
- The applicant proposed depositing a title deed as an alternative to the required decretal sum or bank guarantee. The court rejected this due to insufficient evidence of the property's value and ownership, deeming a bank guarantee a more suitable and verifiable form of security.
- The respondent argued the Motion was a vexatious attempt to delay enforcement of the judgment. The court found no evidence of bad faith or unreasonable delay in the applicant's request for an extension, concluding the Motion was not an abuse of process.
- The court considered the application to extend the time for complying with the stay of execution pending appeal, originally set for 45 days after the 11th June 2021 ruling. The applicant sought additional time due to economic challenges and delays in selling property, while the respondent opposed the extension, alleging abuse of the court process. The court evaluated the applicant's reasons and the legal basis under Order 50, Rule 6 of the Civil Procedure Rules.
Holdings
- The court ordered the applicant to bear the costs of the Motion, finding it fair and reasonable given the circumstances of the case and the applicant's non-compliance with prior conditions.
- The court granted the Motion to extend the time for compliance with the stay of execution conditions from 45 days to 60 days, requiring a bank guarantee for Kshs.1,452,878.57 within the extended period. The applicant must provide a bank guarantee from a reputable bank within 60 days, or the stay of execution order will lapse.
Remedies
- The court ordered the applicant to bear the costs associated with the Motion dated 6th September 2021, finding it fair and reasonable given the nature of the application.
- The court granted the applicant an extension of time to comply with the conditions for a stay of execution pending appeal. The applicant must provide a bank guarantee for Kshs.1,452,878.57 within 60 days from 17th December 2021, or the stay order will lapse. The court also found the applicant's non-compliance with prior deadlines to be reasonable given economic challenges and the COVID-19 pandemic.
Legal Principles
The court applied Order 50, Rule 6 of the Civil Procedure Rules, which grants the power to enlarge the time for doing any act where a limited time has been fixed by the court, even if the application is made after the time has expired. The judge emphasized the court's discretion to extend timelines for compliance with conditions for a stay of execution pending appeal.
Cited Statute
Civil Procedure Rules
Judge Name
J. K. Sergon
Passage Text
- Where a limited time has been fixed for doing any act or taking any proceedings under these Rules, or by summary notice or by order of the court, the court shall have power to enlarge such time upon such terms (if any) as the justice of the case may require, and such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.
- Upon further considering the reasons given by the applicant for non-compliance, I find the same to be reasonable in the circumstances and upon taking judicial notice of the overarching effects of the Covid-19 pandemic both countrywide and globally.
- Consequently, I will exercise my discretion in allowing the Motion dated 6th September, 2021 and direct that the timelines for compliance with the conditions for granting the order for a stay of execution order issued on 11th June, 2021 be extended on the condition that the applicant provides a bank guarantee for the decretal sum of Kshs.1,452,878.57 from a reputable bank within 60 days from today, failure to which the order for stay shall automatically lapse.