UNITED INSURANCE CO. LTD vs MABENGO CHOGA KONGA [2002] KEHC 819 (KLR)
- Court
- High Court of Kenya
- Case number
- 819
- Citation
- [2002] KEHC 819 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution pending appeal.CoramJ. KHAMINWA, COMMISSIONER OF ASSIZE
Holding
Order granting stay of execution subject to deposit of decretal amount in a joint interest earning account.
Facts
A traffic road accident claim resulted in damages, interest, and costs awarded in the lower court. The appellant seeks a stay of execution due to an arguable appeal.
Issues
- meritorious appeal
- irreparable loss
- unreasonable delay
Reasoning
The court found the appellant had an arguable appeal and was willing to deposit the decretal amount in a joint account. However, the court could not confirm the respondent's ability to repay if the appeal was successful.
Outcome
Stay of execution granted
Orders
- Deposit Shs.533,855 in an interest earning joint account in the names of the Respondent firm of advocates and Appellant’s firm of advocates
Remedies
- Deposit of decretal amount in a joint account
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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