PAUL NDETI MUASYA V MOHAMED ABDULRAHIM [2002] KEHC 889 (KLR)
- Court
- High Court of Kenya
- Case number
- 889
- Citation
- [2002] KEHC 889 (KLR)
- Decided
- 18 February 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant applies for a stay of execution and release of attached goods pending appealCoramD.A. ONYANCHA
Holding
The Appellant's application for stay is refused and dismissed with costs to the Respondent
Facts
The Appellant is appealing a decree, and the Respondent is seeking to execute the decree. The Appellant seeks a stay of execution and release of attached goods.
Issues
- Whether the Appellant must first apply to the court that made the decree for a stay
- Whether the application for stay is accompanied with a certified copy of the judgment to be appealed against
Reasoning
The court held that the Appellant must first apply to the court that made the decree for a stay, and that the application for stay must be accompanied with a certified copy of the judgment to be appealed against. The court also found that the appeal has arguable issues and that the Respondent will be in a position to pay back the value of the attached goods if the appeal succeeds.
Outcome
Dismissed with costs
Orders
- Application for stay of execution and release of attached goods dismissed
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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