County Secretary, Nairobi City County & another v Tom Ojienda & Associates (Civil Application E052 of 2024) [2024] KECA 767 (KLR) (5 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 767
- Citation
- [2024] KECA 767 (KLR)
- Decided
- 5 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court rulingCoramP. O. KIAGE, P. NYAMWEYA, M. GACHOKA
Holding
The application for stay of proceedings is dismissed with costs.
Facts
County Secretary and Chief Officer Finance filed an application for a stay of proceedings in HCJR 123/2017, pending an appeal against a contempt ruling. Prof. Tom Ojienda filed an application for payment of a decretal sum.
Issues
- Law of contempt
- Application for stay of proceedings
Reasoning
The court found that the contempt proceedings were not the subject of the impugned ruling and that the trial judge's order was a negative order dismissing a proposal for payment in instalments, making a stay order inapplicable.
Outcome
Application dismissed
Orders
- Application for stay of proceedings dismissed
Remedies
- Costs awarded to respondent
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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