KARIUKI KIRUBI v M.C.M & ANOTHER [2006] KEHC 3356 (KLR)
- Court
- High Court of Kenya
- Case number
- 3356
- Citation
- [2006] KEHC 3356 (KLR)
- Decided
- 1 September 2006
The court grants an order of stay of execution of the judgment for 6 months pending the filing and service of a notice of appeal and the hearing and determination of the appeal.
Facts
The plaintiff, Kariuki Kirubi, filed a suit against the defendants, M.C.M and Stephen Muange Mutua, regarding a judgment that canceled their land title. The defendants sought a stay of execution of the judgment and an extension of time to file and serve a notice of appeal.
Issues
- whether the defendants were served with a judgment notice
- whether the defendants can file a notice of appeal within the time limit
- whether the defendants should provide security for the due performance of the decree
Reasoning
The court extended time for the defendants to file and serve a notice of appeal due to the defendants' lack of service with a judgment notice and the likelihood of substantial loss if the stay is not granted.
Outcome
The plaintiff/respondent is granted an order of stay of execution of the judgment for 6 months.
Orders
- An order of stay of execution of the judgment for 6 months pending the filing and service of a notice of appeal and the hearing and determination of the appeal.
- The applicant is granted a sum of Kshs.100,000 as security for the due performance of the decree within 30 days from the date of the ruling.
- The applicant is granted leave to file a notice of appeal out of time within the next 30 days.
Remedies
- stay of execution of the judgment for 6 months
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Court of Appeal Rules
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