John Muhoro Njore v Nanasi Housing Co-operative Society Limited & 2 others [2020] KECPT 78 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 78
- Citation
- [2020] KECPT 78 (KLR)
- Decided
- 26 February 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the Co-operative Tribunal
Holding
The 1st and 2nd Respondents' Application for stay of execution of the Judgment is dismissed.
Facts
The 1st and 2nd Respondents filed an Application for leave to Appeal out of time against a judgment dated 9.10.2018. They requested a stay of execution of the judgment pending the hearing and determination of their appeal.
Issues
- Whether the 1st and 2nd Respondents have a proper basis to warrant an order of stay of execution of the Judgment
- Who should bear the cost of the Application Stay of execution of Judgment
Reasoning
The court found that the 1st and 2nd Respondents did not provide a proper basis for the stay of execution and that their application was made with unreasonable delay.
Outcome
The 1st and 2nd Respondents' Application for stay of execution of the Judgment is dismissed.
Orders
- The 1st and 2nd Respondents' Application for stay of execution of the Judgment is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Chris Munga N. Bichage Vs Richard Nyagaka Tongi & 2 Others
- M/S Porteitz Maternity Vs James Karangu Kabia Civil Appeal No. 63/1997
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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