MORRIS DZORO v DIANA NYANCHAMA MOKUA [2007] KEHC 3008 (KLR)
- Court
- High Court of Kenya
- Case number
- 3008
- Citation
- [2007] KEHC 3008 (KLR)
- Decided
- 27 February 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant applied for a stay of execution of the decree in Mombasa Children's Court Case No. 46 of 2005.CoramD.K. MARAGA
Holding
A stay of execution is granted for a period of 90 days only during which the Appellant shall ensure that his appeal is heard and disposed of. In the interim, the Appellant shall deposit Kshs. 20,800 per month in court.
Facts
The Appellant was ordered to pay Kshs. 20,800 per month to the Respondent for the maintenance of the child Yvonne Kerubo. The Appellant did not appear in court and the Children's Court held that he has parental responsibility for the child.
Issues
- Whether the Appellant's appeal has overwhelming chances of success.
- Whether the stay of execution should be granted to avoid substantial loss to the Appellant.
Reasoning
The Appellant offered to keep depositing the monthly sum, and the court considered the need to avoid denial of the Appellant's right of appeal and to ensure the child's subsistence.
Outcome
The Appellant's application for stay of execution is granted.
Orders
- A stay of execution for a period of 90 days only.
- The Appellant shall deposit Kshs. 20,800 per month in court until the appeal is heard and disposed of.
Remedies
- The Appellant shall bear his own costs of the application.
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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