Sammy Muthengi Kite v Veronica Mutola Kalusi [2021] KEELC 3704 (KLR)
- Court
- Environment & Land Court
- Case number
- 3704
- Citation
- [2021] KEELC 3704 (KLR)
- Decided
- 19 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks a stay of execution of a lower court judgment and costs abiding in the appeal.CoramPlatt Ag.
Holding
The Court grants the application for a stay of execution of the lower court judgment and orders the Appellant to deposit the decretal amount into an interest earning account.
Facts
The Appellant filed an appeal against a lower court judgment and sought a stay of execution of the judgment and costs abiding in the appeal. The Respondent opposed the application.
Issues
- Whether the Appellant is entitled to a stay of execution of the lower court judgment.
- Whether the Appellant is entitled to costs abiding in the appeal.
Reasoning
The Court finds that the Appellant has not demonstrated substantial loss and that the Respondent has an undoubted right to enjoy the fruits of her judgment.
Outcome
The application is granted.
Orders
- Stay of execution of the lower court judgment pending the hearing and determination of the appeal.
- Order for the Appellant to deposit the decretal amount into an interest earning account.
Remedies
- Stay of execution of the lower court judgment.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Civil Procedure Act
Cases cited (3)
- HE –Vs- SM [2020] Eklr
- Butt -Vs- Rent Restriction Tribunal [1982] KLR 417
- Kenya Shell Ltd -Vs- Kibiru [1986] KLR 416
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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