Login Register


(1988) JELR 104854 (CA)

Court of Appeal  •  Civil Application Nai 3 of 1988  •  17 Feb 1988  •  Kenya

Joseph Raymond Otieno Masime, Harold Grant Platt



February 17, 1988, Platt, Gachuhi JJA and Masime Ag JA delivered the following Ruling.

On January 29, 1988, at Mombasa, the court decided to grant a stay of execution upon terms that the respondent pay Kshs 100,000 to the widow (on certain terms as to disbursement amongst the widow and her children), and the balance was to be secured. A banker’s guarantee was proposed.

But Mr Wambua was unable to be present in court, and therefore the matter was stood over to be mentioned in Nairobi to make sure of the final terms.

Now here in Nairobi, Mr Muthoga appeared for Mr Gikandi. Mr Wambua accepted the terms proposed. He offered a banker’s guarantee over the balance of Kshs 120,000. Anticipating Mr Muthoga’s objection, he relied upon Parker LJ’s views in Rosengrens Ltd v. Safe Deposit Centres Ltd [1984] 3 All ER 198 where at p 200 the learned Lord Justice remarked:-

“The process of giving security in one which arises constantly. So long as the opposite party can be adequately protected, it i…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login