Madrugada Limited v Cosmas Kipkoech Sigei [2014] KECA 289 (KLR)
- Court
- Court of Appeal
- Case number
- 289
- Citation
- [2014] KECA 289 (KLR)
- Decided
- 23 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgmentCoramALNASHIR VISRAM, MARTHA KOOME, J. OTIENO-ODEK
Holding
Application for stay of execution of judgment is allowed
Facts
Respondent suffered injury at applicant's farm resulting in amputation of left hand. Judgment awarded Ksh. 2,262,000 in general damages. Applicant seeks stay of execution pending appeal.
Issues
- Whether the intended appeal is arguable
- Whether the appeal would be rendered nugatory if no stay orders are granted
Reasoning
Applicant has demonstrated an arguable appeal and the appeal would be rendered nugatory if no stay orders are granted. The respondent will suffer no prejudice if stay is granted.
Outcome
Stay of execution of judgment pending appeal
Orders
- Stay of execution of judgment dated 3rd June, 2010, delivered in Nakuru High Court Civil Case No. 176B of 2005
Remedies
- Costs of this application shall be in the appeal
Authorities cited
Cases cited (2)
- Githunguri vs. Jimba Credit Corporation Ltd. (No. 2) (1988) KLR 838
- Reliance Bank Limited (In Liquidation) vs. Norlake Investments Limited – Civil Application No. 98 of 2002 (unreported)
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.
Loading judgment…