Mukhisa Kituyi v Patrick Mweu Musimba [2020] KECA 187 (KLR)
- Court
- Court of Appeal
- Case number
- 187
- Citation
- [2020] KECA 187 (KLR)
- Decided
- 20 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of the ruling and decree of the High CourtCoramR. N NAMBUYE, HANNAH OKWENGU, J. MOHAMMED
Holding
The application for stay of execution of the decree is dismissed with costs.
Facts
The respondent claimed that the applicant advanced Kshs. 35,000,000.00 as a loan, but the applicant denied the claim and argued that the amount was a deposit for the purchase of a property.
Issues
- Whether the appeal is arguable.
- Whether the appeal would be rendered nugatory if the decree is executed.
Reasoning
The court found the appeal arguable but dismissed it as the applicant failed to demonstrate that the appeal would be rendered nugatory if the decree is executed.
Outcome
Application dismissed
Orders
- Stay of execution of the decree of the High Court is dismissed
Authorities cited
Cases cited (2)
- Okiya Omtatah Okoiti & another vs. Anne Waiguru, the Cabinet Secretary, Devolution and Planning & 3 others [2015] eKLR
- Salaries Remuneration Commission vs. County Government of Kakamega & 4 others [2019] eKLR
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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