Rose Gathigia W. Kirathe & 2 others v Duncan Kanyua [2005] KEHC 2941 (KLR)
- Court
- High Court of Kenya
- Case number
- 2941
- Citation
- [2005] KEHC 2941 (KLR)
- Decided
- 10 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant's Application for Stay of ExecutionCoramJ. M. KHAMONI
Holding
The application for a stay of execution is dismissed with costs to the Respondent.
Facts
The Applicant, Rose Gathigia W. Kirathe and others, had an appeal dismissed in Nyeri Senior Principal Magistrate's Court Civil Case No. 185 of 1997, and subsequently appealed to the High Court Civil Appeal No. 88 of 1999. The Respondent, Duncan Kanyua, opposed the application for a stay of execution.
Issues
- The application for a stay of execution was not specific about the order to be stayed.
- The Applicants did not persuade the court that the appeal would be rendered nugatory.
- The Applicants have a history of obtaining temporary stays without using them to pay the decretal sum as agreed.
Reasoning
The court dismissed the application because it was not specific about the order to be stayed, the Applicants did not persuade the court that the appeal would be rendered nugatory, and they have a history of obtaining temporary stays without using them to pay the decretal sum as agreed.
Outcome
Dismissed
Orders
- Application for a 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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