Endavour Instrument Africa Ltd v Peter Mong’ale Nzanga & another [2020] eKLR Case Summary

Court
High Court at Kitui
Category
Civil
Judge(s)
R. K. Limo
Judgment Date
October 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Endavour Instrument Africa Ltd v Peter Mong’ale Nzanga & another [2020] eKLR. Delve into key legal findings and implications for future cases.

Case Brief: Endavour Instrument Africa Ltd v Peter Mong’ale Nzanga & another [2020] eKLR

1. Case Information:
- Name of the Case: Endeavour Instrument Africa Ltd v. Peter Mong’ale Nzanga & Paulier Mwikali Peter
- Case Number: Civil Appeal Number 59 of 2019
- Court: High Court of Kenya at Kitui
- Date Delivered: October 21, 2020
- Category of Law: Civil
- Judge(s): R. K. Limo
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
- Whether the Appellant is entitled to a stay of execution of the judgment delivered by the Trial Court pending the determination of the appeal.
- Whether the Appellant has demonstrated sufficient cause for the stay, including the likelihood of suffering substantial loss if the stay is not granted.

3. Facts of the Case:
The Appellant, Endeavour Instrument Africa Ltd, was dissatisfied with a judgment delivered on September 26, 2019, by the Mutomo PMCC No. 24 of 2019, which awarded the Respondents, Peter Mong’ale Nzanga and Paulier Mwikali Peter, a total of Kshs. 1,270,736 as damages for pain, suffering, loss of expectation of life, and loss of dependency. The Appellant filed an appeal against this judgment and sought a stay of execution, fearing that the Respondents may execute the judgment before the appeal is resolved, potentially rendering the appeal nugatory.

4. Procedural History:
The Appellant filed a Notice of Motion dated October 17, 2019, seeking a stay of execution. The Respondents opposed the application, arguing that it was defective and that the appeal had no chances of success. The court considered the application, the grounds for the stay, and the Respondents' opposition before making a ruling on October 21, 2020.

5. Analysis:
- Rules: The court considered the provisions of the Civil Procedure Act, specifically Section 3, 3A, and 63(e), along with Order 42 Rule 6 of the Civil Procedure Rules. These rules stipulate that a stay of execution can only be granted upon a demonstration of substantial loss and that the application was made without delay.
- Case Law: The Appellant cited *Reliance Bank Ltd v. Norlake Investments Ltd (2002)*, which discusses the criteria for granting a stay of execution. The Respondents referenced *Antoine Ndiaye v. African Virtual University [2015]* and *Winfred Nyauwa Maina v. Peterson Onyiengo Gichana [2015]* to argue against the Appellant's claims.
- Application: The court found that the Appellant met the requirement of showing a good cause for the stay, as the appeal raised triable issues regarding the quantum of damages awarded. The court noted that the Appellant's claim that the Respondents were "persons of straw" was unchallenged, supporting the argument that the Appellant would suffer substantial loss if the stay was not granted. The application was also filed in a timely manner, and the Appellant was willing to provide security.

6. Conclusion:
The court granted a conditional stay of execution pending the determination of the appeal. The Appellant was ordered to pay half of the decretal amount to the Respondents within 21 days and to deposit the other half in a joint interest-earning account. The ruling emphasized the need for expedience in processing the appeal.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya granted a conditional stay of execution in favor of Endeavour Instrument Africa Ltd, allowing the Appellant to pursue its appeal against the judgment awarding damages to the Respondents. This case underscores the importance of demonstrating substantial loss and timely action when seeking a stay of execution in civil proceedings. The ruling also highlights the court's discretion in balancing the rights of both parties while ensuring that justice is served without undue delay.

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