Watunu & another v Wamutoro & another (Suing as the Legal Representatives of the Estate of Khakoni Damary Lumbasi) (Civil Application E030 of 2023) [2024] KECA 58 (KLR) (2 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 58
- Citation
- [2024] KECA 58 (KLR)
- Decided
- 2 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a stay of execution of a judgmentCoramMuhochi, WK KORIR
Holding
The motion for a stay of execution of the judgment is dismissed with costs to the respondents.
Facts
The applicants, Margaret Watunu and Joseph Edward Watunu, sought a stay of execution of a judgment in Eldoret Civil Case No. 38B of 2020, which awarded Kshs 14,154,642/= to the respondents. The respondents, Moses and Dismas Wamutoro, opposed the application.
Issues
- Whether the applicants have an arguable appeal.
- Whether the applicants would suffer substantial loss if the stay of execution is denied.
Reasoning
The court found that the applicants had not demonstrated that the respondents were not people of means and that the appeal was not frivolous and idle.
Outcome
The motion for a stay of execution of the judgment is dismissed.
Orders
- Costs of the application be in the course.
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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