Shawaz Textile Mills Limited v John Ndirangu Kimeu [2004] KEHC 972 (KLR)
- Court
- High Court of Kenya
- Case number
- 972
- Citation
- [2004] KEHC 972 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of lower court judgment pending appealCoramALNASHIR VISRAM
Holding
The Court allows the application for stay of execution on condition that the Appellant deposits the entire decretal sum in the Court within 21 days as security pending the appeal.
Facts
Appellant seeks stay of execution of judgment in CMCC No 7713 of 2003 due to potential substantial loss if stay is not granted. Respondent claims to wish to invest the decretal sum in his farming business.
Issues
- Whether the Appellant will suffer substantial loss if the stay is not granted
- Whether the Respondent has the ability to refund the decretal sum if the appeal is successful
Reasoning
The Court considers the Respondent's inability to demonstrate his ability to refund the decretal sum and balances the interests of both parties by allowing the stay.
Outcome
The Court grants the stay of execution on condition that the Appellant deposits the entire decretal sum as security.
Orders
- Appellant to deposit the entire decretal sum in the Court within 21 days as security pending the appeal
Remedies
- Stay of execution pending appeal
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.
Loading judgment…