Nelson Mutai T/A Kandie & another v Benson Mbuvi Kathenge [2014] KECA 599 (KLR)
- Court
- Court of Appeal
- Case number
- 599
- Citation
- [2014] KECA 599 (KLR)
- Decided
- 9 May 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramW. KARANJA, P. M. MWILU, P. O. KIAGE
Holding
The application is dismissed as the appeal is not arguable and the respondent is not in doubt of paying back the amount.
Facts
The applicant, a vendor's advocate, received KShs.3,250,000 from the purchaser and deposited KShs.2,900,000 as per agreement. The Lands Office cancelled the transfer, leading to a refund claim and judgment against the applicant. The applicant filed an appeal but seeks a stay of execution.
Issues
- Whether the applicant has an arguable appeal
- Whether the appeal would be rendered nugatory if the stay is not granted
Reasoning
The applicant did not deposit the full amount ordered by the High Court and judgment was entered against him. The court finds the appeal not arguable and the respondent is not in doubt of paying back the amount.
Outcome
Application dismissed
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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