Silvanus Osoro Onyiego v Alice Nyomenda Oeri t/a A.N. Oeri & Co. Advocates [2020] KECA 436 (KLR)
- Court
- Court of Appeal
- Case number
- 436
- Citation
- [2020] KECA 436 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appeal and stay of execution of Certificate of TaxationCoramS. GATEMBU KAIRU, A.K. MURGOR, F. SICHALE
Holding
The application is accordingly dismissed with costs.
Facts
The applicant filed a Notice of Motion seeking to vary, set aside or quash a Certificate of Taxation in Kisumu High Court Misc. Application No. 55 of 2019. The motion was dismissed on 19th December, 2019. The applicant sought a stay of execution of the judgment and the Certificate of Taxation pending the determination of an intended appeal.
Issues
- Whether the applicant's motion to stay execution of the judgment and the Certificate of Taxation is valid.
- Whether the respondent is capable of refunding any sums of money paid to her if the intended appeal succeeds.
Reasoning
The court found that there was no order capable of being stayed and that the respondent is capable of refunding any sums of money paid to her. The twin principle set out in Stanley Kangethe Kinyanjui vs. Tony Ketter & 5 others [2013] eKLR has not been satisfied.
Outcome
Dismissed
Authorities cited
Cases cited (2)
- Western College of Arts and Applied Sciences vs. E.P. Oranga & 3 others [1976] eKLR
- Stanley Kangethe Kinyanjui vs. Tony Ketter & 5 others [2013] 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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