SOUTHERN CREDIT BANKING CORP. LTD v PETER KINYUA MUCHENDU T/A KINYUA & CO. AUCTIONEERS [2006] KEHC 962 (KLR)
- Court
- High Court of Kenya
- Case number
- 962
- Citation
- [2006] KEHC 962 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's Motion for Stay of Execution and Abeyance of Notice to Show CauseCoramJ.K. SERGON
Holding
The motion is dismissed with costs to the plaintiff.
Facts
The defendant, Peter Kinyua Muchendu, sought a stay of execution of a decree and an abeyance of a notice to show cause due to the need for the plaintiff to provide accounts of how much was realized from the sale of a motor vehicle registration.
Issues
- Whether the defendant's motion for stay of execution and abeyance of notice to show cause is valid.
- Whether the provisions of Order XX rule 16 and Order XXI 22(1) apply to the current application.
Reasoning
The court found that the reasons advanced in support of the motion are actually grounds in response to the notice to show cause, and the provisions of the law cited do not apply to the current application.
Outcome
Defendant's Motion Dismissed
Orders
- Motion for stay of execution of the decree dismissed
- Motion for abeyance of notice to show cause dismissed
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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