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Othaya Farmers Co-op Society Ltd v Mwangi Wa Kihuni [2005] KEHC 2476 (KLR)

[2005] KEHC 2476 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2476
Citation
[2005] KEHC 2476 (KLR)
Decided
10 June 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution pending appeal.CoramH. M. OKWENGU
Holding

The court finds no justification to interfere with the execution process and dismisses the application for stay of execution.

Facts

Appellant is Othaya Farmers Co-op Society Ltd and the Respondent is Mwangi Wa Kihuni. The Appellant seeks an order for stay of execution of the Respondent's proclamation of the Appellant's tools of trade.

Issues

  1. Whether the Appellant has an arguable appeal.
  2. Whether the Appellant will suffer irreparable loss if the execution process is not stayed.

Reasoning

The court finds that the proclamation of the tools of trade does not cause irreparable loss to the Appellant and that the Appellant has not demonstrated an arguable appeal.

Outcome

Dismissed with costs.

Orders

  • Order for stay of execution 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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