Ryce Motors Limited v Jonathan Kiprono Ruto & another [2015] KECA 395 (KLR)
- Court
- Court of Appeal
- Case number
- 395
- Citation
- [2015] KECA 395 (KLR)
- Decided
- 25 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of the Decree pending the hearing and determination of Civil Appeal No.271 of 2009CoramH. M. OKWENGU
Holding
The Court declines to certify the applicant's motion as urgent.
Facts
The High Court issued a conditional order of stay of execution pending the hearing of Civil Appeal No.271 of 2009. The decretal sum was deposited into an interest-earning account in the joint names of the parties' advocates. The 1st respondent obtained an order for release of the decretal sum, and the applicant applied for review of this order.
Issues
- Whether the applicant's motion for stay of execution is urgent.
- Whether the applicant has exhibited urgency in pursuing its appeal and application for stay of execution.
Reasoning
The Court finds that the applicant has not demonstrated urgency in pursuing its appeal and application for stay of execution, despite the conditional stay order and the lapse of the stay period.
Outcome
The Court declines to certify the applicant's motion as urgent.
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…