SAMWEL KILIUNGU ISAAC & ANOTHER v DAVID MUTHIAINE [2007] KEHC 2274 (KLR)
- Court
- High Court of Kenya
- Case number
- 2274
- Citation
- [2007] KEHC 2274 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from an ex parte judgment granting a stay of execution of a decreeCoramW. OUKO
Holding
The application for a stay of execution of the decree pending appeal is dismissed with no orders as to costs
Facts
The appellants (Samwel Kiliungu Isaac and Teresa Kiliungu) had an ex parte judgment entered against them in the sum of Kshs.434,904/=. They are appealing against this judgment and have applied for a stay of execution of the decree pending appeal.
Issues
- Whether the court should grant a stay of execution of the decree pending appeal
- Whether the appellants have shown substantial loss if the stay is not granted
Reasoning
The court found that the affidavits did not provide evidence of substantial loss and that the appeal was not likely to be rendered nugatory. The court also noted that the application was brought without unreasonable delay.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Order XLI Rule 4 of the Civil Procedure Rules
- Kenya Shell Ltd V Kibiru and Another(1986) KLR 410
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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