RAPHAEL STEPHEN NDINGI MWAN A’ NZEKI & 2 others v NELSON MUGUKU & another [2007] KEHC 2193 (KLR)
- Court
- High Court of Kenya
- Case number
- 2193
- Citation
- [2007] KEHC 2193 (KLR)
- Decided
- 10 July 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final order granting an extension of time to comply with a consent orderCoramM.A. Ang'awa
Holding
The plaintiffs are ordered to deposit Ksh.1.7 million in court pending the finalization of the appeal. The application for stay of execution is dismissed.
Facts
The plaintiffs defaulted on a consent order due to their former advocate's negligence. The defendant appealed, and the plaintiffs sought an extension of time to pay the balance. The defendant applied for a stay of execution pending appeal.
Issues
- Whether the plaintiffs have sufficient funds to compensate the defendant if they win the appeal
- Whether the court was sitting on appeal of another judge's order
Reasoning
The court ruled that the plaintiffs were already in possession of the land and had paid the defendant money. The court found that the plaintiffs should have had the sum deposited in a joint account and that the defendant's request for Ksh.5 million was unreasonable.
Outcome
The application for stay of execution is dismissed.
Orders
- The sum of Ksh.1.7 million be deposited in court by the plaintiffs pending the finalization of the appeal to the court of appeal
Remedies
- The plaintiffs are ordered to deposit Ksh.1.7 million in court pending the finalization of the appeal to the court of appeal
Authorities cited
Legislation (1)
- Order 17 r 10 Civil Procedure Rules
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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