CYRUS KOMO CHEGE v MINEH WAIRIGU MBUGUA [2009] KEHC 3389 (KLR)
- Court
- High Court of Kenya
- Case number
- 3389
- Citation
- [2009] KEHC 3389 (KLR)
- Decided
- 15 June 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks an order for stay of execution pending the hearing and determination of his appeal.CoramH. M. OKWENGU
Holding
The application is dismissed with costs.
Facts
The appellant, Cyrus Komo Chege, seeks an order for stay of execution pending the hearing and determination of his appeal against a ruling by the Chief Magistrate in the Magistrate's Court at Kiambu. The ruling sought to be stayed is dated 28th January, 2009.
Issues
- Whether the appellant has established substantial loss.
- Whether the application for stay of execution is competent and fatally defective.
Reasoning
The court finds no merit in the application as the appellant has not demonstrated that his appeal will be rendered nugatory and has neither alleged nor established any substantial loss.
Outcome
Dismissed with costs
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Bob Morgan Systems Ltd & another vs Jones [2004] 1KLR 194
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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