Richard Akwesera Onditi v Kenya Commercial Finance Co. Ltd [2006] KECA 298 (KLR)
- Court
- Court of Appeal
- Case number
- 298
- Citation
- [2006] KECA 298 (KLR)
- Decided
- 31 March 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution from a judgment of the High Court of KenyaCoramR.S.C. OMOLO, P.K. TUNOI, E.O. O’KUBASU
Holding
The court granted the application and issued an order of stay of execution pending the determination of the application for leave to file an appeal out of time.
Facts
The applicant had rested his submissions in support of his application for a temporary stay of execution of the judgment and decree pending his intended appeal. The respondent's counsel informed the court that he was prepared to concede the application and not to prematurely execute the decree.
Issues
- Whether to grant a stay of execution pending the determination of the application for leave to file an appeal out of time.
- Whether to prevent the respondent from exercising its statutory power of sale.
Reasoning
The court considered the submissions of both parties and decided in the interest of justice to grant the application.
Outcome
The court granted the application for a stay of execution.
Orders
- Order of stay of execution pending the determination of the application for leave to file an appeal out of time.
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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