MARK OKERE & another v PATRICK KIDIAVAI [2005] KEHC 72 (KLR)
- Court
- High Court of Kenya
- Case number
- 72
- Citation
- [2005] KEHC 72 (KLR)
- Decided
- 31 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureEx-parte application dismissed with costsCoramN.R.O. OMBIJA
Holding
The ex-parte application is dismissed with costs to the respondent and the applicant is advised to fix the hearing of the application inter-partes.
Facts
The appellants' application was dismissed for want of compliance with a subordinate court's order, and they appealed against rulings by the learned senior resident magistrate.
Issues
- Whether to grant an interim stay of execution pending the hearing of the appeal
- Whether the appellants are entitled to interim relief
Reasoning
The court noted that the applicant could not raise the required deposit as ordered and did not find any good reason for granting the interim orders.
Outcome
Dismissed
Orders
- Application dismissed with costs
- Advise applicant to fix hearing of application inter-partes
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order XLI Rule 4(1) (2) (a) and (b)
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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