County Council of Meru South v Festus Munyua [2005] KEHC 2471 (KLR)
- Court
- High Court of Kenya
- Case number
- 2471
- Citation
- [2005] KEHC 2471 (KLR)
- Decided
- 13 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a first-instance judgmentCoramRUTH N. SITATI
Holding
The application for stay of execution is dismissed in its entirety with costs to the respondent
Facts
The respondent filed a suit against the applicant claiming special and general damages for a destroyed posho mill. The respondent obtained an ex-parte judgment, which the applicant sought to set aside through various applications. The applicant later applied for a stay of execution of the judgment.
Issues
- Whether the applicant has shown sufficient cause for a stay of execution
- Whether the applicant has furnished security for the due performance of the decree or order
Reasoning
The court found that the applicant has not shown sufficient cause for a stay of execution and that the applications are incurably defective.
Outcome
Appeal dismissed
Orders
- Application for stay of execution dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- CMC Holdings Limited V James Mumo Nzioki – Civil Appeal No. 329 of 2001
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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