ABDULRAHMAN MOHAMED RIDAY v KHADIJA MOHAMED SWALEH [2006] KEHC 992 (KLR)

Facts

The Children's Court issued orders regarding custody and maintenance of a child, with the appellant partially complying. The respondent filed a motion seeking a lump sum deposit in court, which the appellant opposed and appealed.

Issues

1. Whether the appellant should be granted a stay of execution of the orders pending the appeal
2. Whether the appellant will suffer substantial loss if the stay is not granted

Reasoning

The appellant failed to show substantial loss and did not offer security, thus not meeting the requirements of Order XLI rule 4 of the Civil Procedure Rules.

Outcome

Appeal dismissed

Authorities cited