MATHEW MUGO v CHRISTOPHER O. KENYARIRI [2008] KEHC 771 (KLR)
- Court
- High Court of Kenya
- Case number
- 771
- Citation
- [2008] KEHC 771 (KLR)
- Decided
- 18 November 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of decree pending appeal.CoramH. M. OKWENGU
Holding
The court allows the application for stay of execution pending appeal.
Facts
Appellant seeks stay of execution of a decree in Milimani CMCC.No.5052 of 2007 due to the respondent's inability to refund the decretal sum if required.
Issues
- Whether the appellant has demonstrated substantial loss if the execution proceeds.
- Whether the appellant has provided security by depositing the decretal sum into court.
Reasoning
The appeal is arguable, and the appellant has provided security by depositing the decretal sum into court. The court considers the apprehension that the respondent may not be able to refund the decretal sum if required.
Outcome
Order for stay of execution pending appeal.
Orders
- Deposit of Ksh. 384,000/- into court as security.
- Appellant to file and serve a record of appeal within 90 days.
- Order for stay of execution to lapse if appeal not disposed of within 12 months unless extended by court.
- Costs to be in the appeal.
Remedies
- Stay of execution pending appeal.
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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