AUGUSTINE KINYUA ITA v NDII MUBOTHI & 2 others [2012] KEHC 3898 (KLR)
- Court
- High Court of Kenya
- Case number
- 3898
- Citation
- [2012] KEHC 3898 (KLR)
- Decided
- 26 June 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a stay orderCoramH.I. ONG’UDI
Holding
The court dismisses both the amended Notice of Motion and the Notice of Motion with costs.
Facts
The plaintiff Augustine Kinyua Ita filed an amended Notice of Motion seeking a stay of execution of a decree from the Senior Principal Magistrate's Court Siakago, claiming that if the decree is executed, he and his family will be evicted and lose their home.
Issues
- Whether the plaintiff will suffer substantial loss if the stay of the decree is not granted.
- Whether the application was made without undue delay.
Reasoning
The court found that the plaintiff has not demonstrated that he will suffer any substantial loss incapable of compensation in the event of a successful appeal.
Outcome
Dismissed with costs
Authorities cited
Cases cited (3)
- KENYA SHELL LTD v BENJAMIN KARUGU KIBIRU & RUTH WAIRIMU KARUGA (1982-88) 1 KLR 1018
- BUTT v RENT RESTRICTION TRIBUNAL (1982) KLR 417
- ORUBA MATERNITY & NURSING HOME & OTHERS v PURSHOTAM N. PATEL (1996) NAI 133/96
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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