David Marwa Steady Ltd & another v Nelson Njihia Kimani [2017] KECA 412 (KLR)
- Court
- Court of Appeal
- Case number
- 412
- Citation
- [2017] KECA 412 (KLR)
- Decided
- 19 July 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment and decreeCoramG. B. M. KARIUKI, F. SICHALE, S. ole KANTAI
Holding
The motion is allowed in terms of prayer 2. The appeal is fast tracked for hearing on 26th September, 2017.
Facts
David Marwa Steady Ltd and Steady Limited filed a motion for stay of execution of judgment and decree in Nakuru HCCC CAUSE NO. 294 of 2010, entered on 13th April, 2017, in favor of Nelson Njihia Kimani. The applicants filed a Notice of Appeal on 22nd April, 2017, alleging the respondent failed to prove his claim on liability and quantum.
Issues
- Whether the applicants have an arguable appeal.
- Whether the appeal would be rendered nugatory unless an order for stay is granted.
Reasoning
The court found that the applicants have an arguable appeal and the appeal would be rendered nugatory unless an order for stay is granted. The respondent's means were not demonstrated, and the court directed the appeal to be fast tracked.
Outcome
The motion is allowed.
Orders
- The motion is allowed.
- The appeal is fast tracked for hearing on 26th September, 2017.
Remedies
- Stay of execution of the judgment and decree pending the hearing and determination of the appeal.
Authorities cited
Cases cited (1)
- NATION NEWSPAPER LIMITED VS PETER BARAZA RABANDO, CA NO. 1 OF 2007
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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