APA INSURANCE LIMITED V DAVID OKIKI AMAYO [2012] KEHC 2290 (KLR)
- Court
- High Court of Kenya
- Case number
- 2290
- Citation
- [2012] KEHC 2290 (KLR)
- Decided
- 7 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the Hon. Mr. Wandera SPMCoramRuth Nekoeye Sitati
Holding
The court granted the order of stay of execution on condition that the applicant deposits the entire sum of Kshs. 318,064/= into an interest-earning account to be opened at a mutually agreed bank and operated by the advocates of the two parties.
Facts
APA Insurance Limited filed an appeal against a judgment in Kisii CMCC No. 563 of 2007, seeking a stay of execution pending appeal.
Issues
- Whether the applicant has met the conditions set out by Order 41 Rule 6(2) of the Civil Procedure Rules for the granting of the order of stay of execution.
- Whether the applicant has shown substantial loss that may result if the order is not granted.
Reasoning
The court found that the application was filed without unreasonable delay and that the respondent is a man of straw, constituting a special circumstance or sufficient cause for substantial loss.
Outcome
Appeal granted
Orders
- Order of stay of execution on condition that the applicant deposits the entire sum of Kshs. 318,064/= into an interest-earning account to be opened at a mutually agreed bank and operated by the advocates of the two parties.
Remedies
- Order of stay of execution
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Singh v Runda Estates Ltd (1960) EA 263
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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