ALBERT M’MBOGO v CO-OPERATIVE BANK OF KENYA & ANOTHER [2007] KEHC 2628 (KLR)
- Court
- High Court of Kenya
- Case number
- 2628
- Citation
- [2007] KEHC 2628 (KLR)
- Decided
- 28 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and status quo pending appealCoramW. OUKO
Holding
Application is incompetent and struck out with costs to respondents
Facts
The applicant's suit was dismissed by the lower court and an appeal was filed. The applicant seeks a stay of execution of the decree and maintenance of status quo pending the appeal.
Issues
- Jurisdiction to grant stay of execution
- Reasonableness of delay in filing appeal
Reasoning
The court found the application incompetent due to lack of jurisdiction to grant the stay and unreasonable delay in filing the appeal. The court also noted that the order striking out the applicant's suit is not capable of being executed.
Outcome
Struck out with costs
Authorities cited
Legislation (1)
- 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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