EUNICE AUMA ODERA & 4 OTHERS V MIGORI TEACHERS SAVING & CREDITI CO-OPERATIVE SOCIETY LIMITED [2012] KEHC 2193 (KLR)
- Court
- High Court of Kenya
- Case number
- 2193
- Citation
- [2012] KEHC 2193 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decree of the Chief MagistrateCoramRUTH NEKOYE SITATI
Holding
The application for a stay of execution pending appeal is allowed, subject to each appellant depositing sufficient security by way of a bank guarantee in the sum of Kshs.300,000 or a title deed within the next 30 days from the date hereof.
Facts
The appellants filed an appeal against surcharge orders, but the Co-operative tribunal refused to provide a certified copy of the judgment. The appellants were summoned to show cause but did not attend. They filed a Memorandum of Appeal on 29th September 2011.
Issues
- Whether the appellants were entitled to a stay of execution pending appeal
- Whether the tribunal followed the rules of natural justice
Reasoning
The court found that substantial loss may result to the applicants if the order for stay is not granted, and that the application was not brought without unreasonable delay.
Outcome
Appeal allowed
Orders
- Prayer 2 of the application is allowed pending the hearing and determination of this appeal subject to each appellant depositing sufficient security by way of a bank guarantee in the sum of Kshs.300,000 or a title deed within the next 30 days from the date hereof.
- The respondent shall avail copies of proceedings and judgment to the appellants within the next 14 days.
- Costs of this application shall abide the outcome of the appeal.
Remedies
- Stay of execution pending appeal
- Copies of proceedings and judgment to be availed to the appellants
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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