CAPTAIN J. N. WAFUBWA V HOUSING FINANCE CO. OF KENYA [2012] KEHC 2157 (KLR)
- Court
- High Court of Kenya
- Case number
- 2157
- Citation
- [2012] KEHC 2157 (KLR)
- Decided
- 20 September 2012
The court ordered a stay of execution of the orders contained in the judgment of the High Court pending the hearing and determination of the intended appeal before the Court of Appeal.
Facts
The Plaintiff, Captain J. N. Wafubwa, sought to review a judgment of the High Court of Kenya dated 26th April 2012, which dismissed the Court of Appeal's judgment. The Court of Appeal's judgment was given by a majority decision. The Plaintiff claims that the Defendant, Housing Finance Co. of Kenya, has not produced evidence to set aside the memorandum of sale made on 8th November 1996.
Issues
- Whether the Plaintiff's appeal against the judgment of the High Court is valid.
- Whether the Plaintiff's application for review of the judgment and setting aside the award of Kshs.4.5 million is justified.
Reasoning
The court considered the grounds of the Plaintiff's appeal and found that substantial loss may result unless the order is made. The court also considered the application for security and found that the Plaintiff has given security for the due performance of the order.
Outcome
The court ordered a stay of execution of the orders contained in the judgment of the High Court pending the hearing and determination of the intended appeal before the Court of Appeal.
Orders
- Order of stay of execution of the orders contained in the judgment of the High Court pending the hearing and determination of the intended appeal before the Court of Appeal.
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