STANLEY NJAU WAINAINA v MESHACK M. MUNYALO & another [2006] KEHC 2187 (KLR)
- Court
- High Court of Kenya
- Case number
- 2187
- Citation
- [2006] KEHC 2187 (KLR)
The application for stay pending appeal is hereby dismissed with costs to the Respondent and against the appellant/applicant for failure to meet the requirements of the law under which it is brought.
Facts
The appellant applied for a stay of execution of a court order dated 31/8/05 in Kithimani – Yatta RMCC No. 134 of 2004, pending the appeal. The respondent averred that the application lacks merit and is meant to delay the realization of their fruits of the judgment.
Issues
- Whether the application for stay pending appeal is valid.
- Whether the appellant has complied with the requirements of the law under which the application is brought.
Reasoning
The court ruled that the application was not in compliance with Order 41 Rule 4 of the Civil Procedure Rules, as the applicant did not offer any security and did not show that the sum would be put beyond the reach of the appellant if paid to the respondent prior to the appeal.
Outcome
Appeal dismissed
Orders
- Application for stay pending appeal is dismissed.
- Costs to be in the cause against the appellant/applicant.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Cap. 21, Laws of Kenya
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