Nancy Wanjiru Wangai v National Social Security Fund & 4 others [2019] KEELC 1475 (KLR)
The bottom line
#A Nairobi court paused execution of a land judgment because the property owner showed real risk of loss and agreed to deposit Kshs.5 million as security.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for stay of execution pending appeal is merited
Key legal issues
#Whether the applicant satisfied the conditions for stay of execution pending appeal under Order 42 rule 6(2)
The application was brought without undue delay, substantial loss was demonstrated (developed and tenanted flats risk demolition, respondent's ability to refund decretal sum unknown), and the applicant was willing to provide security
The court applied the settled principles for stay of execution: absence of undue delay, demonstration of substantial loss, and offer of security. The applicant had fully developed three- and six-storey residential blocks occupied by tenants which could be demolished if execution proceeded, and the decree holder's financial status was unknown, meaning a refund could not be guaranteed if the appeal succeeded. The applicant offered to abide by terms as to security, warranting the exercise of discretion in his favour.
Legal principles established
#- The conditions for grant of stay of execution under Order 42 rule 6(2) are that the application be made without unreasonable delay, that substantial loss be demonstrated, and that security for due performance of the decree be given
Court orders
#- 1.That the 3rd defendant/applicant do deposit Kshs.5,000,000 in a joint interest earning account in the names of the plaintiff's advocate and the 3rd defendant's advocates within sixty (60) days from the date of the ruling, in default the stay of execution orders will lapse
- 2.That the 3rd defendant/applicant do deposit the admitted monthly rent of Kshs.460,000 monthly with effect from 5th November 2019 in a joint interest earning account in the names of the plaintiff's advocate and the 3rd defendant's advocate until determination of the appeal
- 3.The costs of the application be borne by the defendant/applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 42 rule 6 and Order 51 rule 1 of the Civil Procedure Rules 2010; Sections 1A, 1B, 3A and 63 of the Civil Procedure Act and the inherent jurisdiction of the court
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In conclusion, I find merit in this application. I find that the 3rd defendant/applicant has put forth sufficient reasons to warrant this court to exercise its discretion in his favour.
That the 3rd defendant/applicant do deposit Kshs.5,000,000 in a joint interest earning account in the names of the plaintiff's advocate and the 3rd defendant's advocates within sixty (60) days from the date of this ruling in default the stay of execution orders will lapse.
In addition the 3rd defendant/applicant do deposit the admitted monthly rent of Kshs.460,000 monthly with effect from 5 th November 2019 in a joint interest earning account in the names of the plaintiff's advocate and the 3 rd defendant's advocate until determination of the appeal.
Issues in the judgment
#The judgment (dated 26 September 2019) orders monthly rent deposits 'with effect from 5th November 2019', a date after the delivery of the ruling; the applicant also cited '[982] KLR 417' (apparent typo for 1982) and the Feissal Amin Janmohammed quotation appears garbled in the judgment text
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nancy Wanjiru Wangai v National Social Security Fund & 4 others [2019] KEELC 1475 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1475/eng@2019-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.