Stephen Mkare Mulewa v Linda Newman [2015] KECA 901 (KLR)
- Court
- Court of Appeal
- Case number
- 901
- Citation
- [2015] KECA 901 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment and injunctionCoramR. N. NAMBUYE, H. M. OKWENGU, P. O. KIAGE
Holding
The motion is rejected, and the applicant is ordered to pay costs.
Facts
The applicant, Stephen Mkare Mulewa, filed a suit against the respondent, Linda Newman, in the High Court in Malindi. The High Court issued a judgment against the applicant, and the applicant appealed the judgment. The respondent then sold, disposed, transferred, or dealt with the property in question.
Issues
- Stay of execution of judgment and injunction pending appeal
- Allowance of additional evidence during appeal hearing
Reasoning
The applicant failed to produce the evidence during the trial and now seeks to introduce new evidence. The court finds that the additional evidence does not significantly impact the legal dispute and the applicant's failure to produce the documents in his evidence.
Outcome
Appeal dismissed
Orders
- Orders of stay of execution of Judgment and Decree pending appeal
- Order of injunction pending appeal
- Order allowing reappraisal of evidence during appeal hearing
Remedies
- Costs awarded to respondent
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules
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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