CLEMENT SAKIRI OPERE V MICHAEL WASONGA SINDA [2008] KEHC 2987 (KLR)

Facts

Appellant Clement Sakiri Operé applied for stay of execution of a decree issued in Migori PMCC No.294 of 2000, respondent Michael Wasonga Sinda filed a replying affidavit stating he had suffered a bigger loss by constructing the building and was capable of refunding the sum if the appeal was successful

Issues

1. Whether the appellant's application for stay of execution of the decree should be granted
2. Whether the respondent's application to dismiss the appeal and amended memorandum of appeal should be granted

Reasoning

The court considers the appellant's financial base and the respondent's ability to refund the sum. The court finds the appellant has not demonstrated substantial loss and the appeal is not likely to be rendered nugatory.

Outcome

The court dismisses the appellant's application for stay of execution and directs the appellant to amend his memorandum of appeal

Authorities cited