Ihura & another v Hagos Birikirti Tewoldenrehen De La Torre & Ramirez Nelly Victoria (Suing as the Personal Representatives of the Estate of Mendoza Lop Az Aquilina - Deceased) (Civil Appeal (Application) E093 of 2022) [2023] KECA 59 (KLR) (3 February 2023) (Reasons)
- Court
- Court of Appeal
- Case number
- 59
- Citation
- [2023] KECA 59 (KLR)
- Decided
- 3 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of execution of judgmentCoramJM MATIVO, JUDGE OF APPEAL, M. WARSAME, JUDGE OF APPEAL, HANNAH OKWENGU, JUDGE OF APPEAL
Holding
The application is dismissed with costs.
Facts
The applicants are seeking a stay of execution of the judgment of the High Court of Kenya dated July 10, 2020, in Milimani High Court Civil Appeal No 519 of 2018, due to a delay in filing the motion.
Issues
- Whether the applicants have an arguable appeal
- Whether the intended appeal would be rendered nugatory if the application is not granted
Reasoning
The court finds that the applicants have not demonstrated that their intended appeal is arguable or that it would be rendered nugatory if the application is not granted.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Stanley Kang'ethe Kinyanjui vs Tony Keter & 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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