Cheruiyot v Kemei [2003] KEHC 610 (KLR)
- Court
- High Court of Kenya
- Case number
- 610
- Citation
- [2003] KEHC 610 (KLR)
- Decided
- 29 July 2003
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment and decree in a civil suitCoramAlnashir Visram
Holding
The Court dismisses the Defendant's applications dated August 28, 2002 and August 30, 2002 with costs.
Facts
The Plaintiff filed a suit against the Defendant in the lower court, which was transferred to the High Court. The Defendant applied for review of the judgment and sought a stay of execution of the decree.
Issues
- Whether the Court has the power to review its judgment and set aside the decree.
- Whether the Court has the power to stay the execution of the decree pending the review application.
Reasoning
The Court found that the Defendant did not establish grounds for review and the application for stay was not brought within a reasonable time.
Outcome
Appeal dismissed
Orders
- Dismissal of the Defendant's applications dated August 28, 2002 and August 30, 2002 with costs.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Civil Procedure Rules
Cases cited (1)
- Kangenyi v. Musiramo & Ano [1968] E.A. 45
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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