DAVID WACHIRA MAINA v FLORENCE TATU AMIMU & ANOTHER [2010] KEHC 2133 (KLR)
- Court
- High Court of Kenya
- Case number
- 2133
- Citation
- [2010] KEHC 2133 (KLR)
- Decided
- 4 June 2010
Order of stay of execution is issued in respect of CMCC Meru No. 46 of 2009 pending the hearing and final determination of this appeal
Facts
Appellant entered into a written sale agreement with deceased Joseph Kaaria for 3 acres of land, parcel number Ex- Lewa Settlement Scheme/527. The purchase price was Kshs. 270,000/=, but Kaaria died before the transaction was completed. Respondents sued the appellant in CMCC No. 46 of 2009, claiming part of the consideration and penalty for non-payment.
Issues
- Substantial and serious issues raised by the appellant
- Whether the respondents executed the decree in CMCC No. 46 of 2009 as authorized by the grant
Reasoning
Appellant's substantial loss and the anomaly in the grant issued to respondents justify the stay of execution. The mere fact that respondents did not adequately respond to the appellant's issues is reason enough to justify the stay.
Outcome
Appeal granted
Orders
- An order of stay of execution is hereby issued in respect of CMCC Meru No. 46 of 2009 pending the hearing and the final determination of this appeal
Remedies
- The costs of the Notice of Motion dated 14th November 2009 shall abide by the outcome of this appeal
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