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BEATRICE MUTUO NZIRU v JOHN MISYILI IKULI & another [2009] KEHC 3361 (KLR)

[2009] KEHC 3361 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3361
Citation
[2009] KEHC 3361 (KLR)
Decided
1 July 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a civil caseCoramISAAC LENAOLA
Holding

The Application is dismissed with costs to the Respondents

Facts

Beatrice Mutuo Nziru sued John Misyili Ikuli and Sammy Kathuku in Mwingi Senior Resident Magistrate Civil Case No. 240 of 20079 for costs awarded in the amount of Ksh.7,525/-. The Respondents are sued in their personal capacity.

Issues

  1. Whether the costs awarded should be paid pending the appeal
  2. Whether the Applicant will suffer irreparable loss if the costs are paid

Reasoning

The costs are small and the Respondents are willing to pay them if the appeal succeeds. The Applicant's claim of irreparable loss is not supported.

Outcome

Appeal dismissed

Orders

  • Execution of the judgment and decree be stayed pending the hearing
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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