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Rose Wanjiru Njeru v Water Recycling Limited [2012] KEHC 2501 (KLR)

[2012] KEHC 2501 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2501
Citation
[2012] KEHC 2501 (KLR)
Decided
28 August 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramM.K. Ibrahim, J.W. Mwera
Holding

The court granted a stay of execution of the decree pending hearing and determination of an appeal.

Facts

The Plaintiff filed a decree against the Defendant for Kshs. 1,236,469.35. The Defendant applied for a stay of execution of the decree pending an appeal.

Issues

  1. Whether security for the stay of execution is required
  2. The form of security to be provided

Reasoning

The court exercised its discretion to grant the stay of execution, ensuring that the appeal would not render the decree nugatory.

Outcome

Appeal granted

Orders

  • A stay of execution of the decree pending hearing and determination of an appeal
  • The judgment debtor must deposit the entire decretal sum in a joint interest earning account within 30 days

Remedies

  • Stay of execution of the decree pending appeal
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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