ANDREW KURIA NJUGUNA T/A ONGATET ENTERPRISE SARIUKI MUNGAI V ROSE WAMBUI KURIA [2012] KEHC 3029 (KLR)
- Court
- High Court of Kenya
- Case number
- 3029
- Citation
- [2012] KEHC 3029 (KLR)
- Decided
- 19 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an original trial judgmentCoramLaw
Holding
The court grants a stay of execution of the judgment pending inter-parte hearing and final determination of the application.
Facts
The plaintiff, Andrew Kuria Njuguna, claims the defendant, Rose Wambui Kuria, has failed to pay a judgment of Kshs. 1,150,000 with interest and costs. The defendant has been paying the decretal amount in monthly instalments, but now seeks to recover a larger sum in a lump sum.
Issues
- Stay of execution of the judgment
- Payment by instalments
Reasoning
The court grants the stay as the defendant has demonstrated a compelling need due to unemployment and economic hardship, and there is no prejudice to the plaintiff.
Outcome
Appeal granted
Orders
- Application certified urgent and heard ex-parte
- Stay of execution of the judgment pending inter-parte hearing and final determination
Remedies
- Stay of execution of the judgment
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Joseph Njuguna Muniu vs. Medicino Giovanni Civil Appeal No. 216 of 1997
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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