Krishen Dev Handa v Fatuma Mohamed [1986] KECA 57 (KLR)
- Court
- Court of Appeal
- Case number
- 57
- Citation
- [1986] KECA 57 (KLR)
- Decided
- 19 December 1986
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to strike out the Notice of AppealCoramJ O NYARANGI, H G PLATT, J M GACHUHI
Holding
The stay of execution is vacated and the notice of appeal is ordered to be struck out with costs to the respondent.
Facts
Judgment was entered on November 2, 1982, and the applicant applied for a stay of execution. The respondent was ordered to provide satisfactory security for Kshs 410,000, but failed to do so.
Issues
- Respondent failed to file appeal within prescribed period
- Respondent failed to serve notice of appeal on applicant
- Respondent failed to pay mesne profits and arrears of rent
- Respondent failed to provide security as ordered by court
Reasoning
The respondent failed to file the appeal within the prescribed period, serve the notice of appeal, pay mesne profits and arrears of rent, and provide security as ordered by the court.
Outcome
The notice of appeal is struck out with costs to the respondent.
Orders
- Stay of execution is vacated
- Notice of appeal is struck out with costs to the respondent
Remedies
- Costs to the respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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