CHANNAN AGRICULTURAL CONTRACTORS (K) LTD v NICODEMUS MUGARA [2006] KEHC 2002 (KLR)
- Court
- High Court of Kenya
- Case number
- 2002
- Citation
- [2006] KEHC 2002 (KLR)
- Decided
- 5 April 2006
The application for stay of execution of the decree pending the hearing and determination of the appeal is allowed.
Facts
Respondent was awarded Shs.2 million in general damages plus costs of the suit. The Appellant/Applicant applied for a stay of execution of the decree due to the appeal's arguable points of law and the Respondent's inability to reimburse the decretal dues.
Issues
- Whether the appeal is arguable and has overwhelming chances of success.
- Whether there is sufficient cause for the order for stay to be granted.
- Whether substantial loss may result to the applicant unless stay is granted.
- Whether the application for stay was made without unreasonable delay.
- Whether the applicant has given security for the due performance of the decree or order as may ultimately be binding on him.
Reasoning
The court considered the factors under Order 41 Rule of the Civil Procedure Rules and found that the appeal is arguable, there is sufficient cause for the order for stay to be granted, and substantial loss may result to the applicant unless stay is granted. The court also noted that the Respondent will not be able to refund the decretal dues.
Outcome
The application for stay of execution of the decree pending the hearing and determination of the appeal is allowed.
Orders
- Order stay of execution pending the hearing and determination of the appeal.
- Direct the appeal to be placed before the resident judge for admission once the lower court record is to hand and if admitted to hearing should set down on priority basis in cause of this year.
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