Judson Oriema Okoth & Another t/a Okoth & Kiplagat Advocates v National Housing Corporation [2006] KEHC 2978 (KLR)
- Court
- High Court of Kenya
- Case number
- 2978
- Citation
- [2006] KEHC 2978 (KLR)
- Decided
- 29 March 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramF. AZANGALALA
Holding
The application for stay of execution is dismissed with costs.
Facts
The defendant, National Housing Corporation, has appealed against a judgment and decree given on 8.12.2005. The plaintiff, Judson Oriema Okoth & Another t/a Okoth & Kiplagat Advocates, seeks a stay of execution of the judgment and decree pending the hearing and determination of the appeal.
Issues
- Whether the application for stay of execution is merited
- Whether the defendant has an arguable appeal with good chances of success
Reasoning
The court finds that the applicant is not guilty of unreasonable delay and that the respondent is a man of means. The court also finds that the applicant will not suffer substantial loss if the order of stay is not granted.
Outcome
Dismissed with costs
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.
Loading judgment…