KENYA POWER & LIGHTING CO. LTD v HEZRON M. ONCHOKE [2012] KEHC 4899 (KLR)
- Court
- High Court of Kenya
- Case number
- 4899
- Citation
- [2012] KEHC 4899 (KLR)
- Decided
- 1 February 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks stay of execution of decree pending appealCoramRUTH NEKOYE SITATI
Holding
The court grants the stay of execution on the terms that the applicant deposits the full principal sum into court within 10 days, and the order applies to other similar applications.
Facts
Applicant, Kenya Power & Lighting Company Limited, has filed a Memorandum of Appeal against the judgment of the trial court. The Respondent, Hezron M. Onchoke, is a man of straw and has no capacity to refund the decretal sum.
Issues
- Whether the applicant has satisfied the conditions for granting a stay of execution
- Whether the applicant will suffer substantial loss if the stay order is not granted
Reasoning
The court considers the applicant's delay in filing the appeal and the potential substantial loss if the decretal sum is paid out before the appeal is heard. The court grants the stay based on the applicant's readiness to comply with reasonable terms.
Outcome
The application is granted with specified terms
Orders
- The applicant shall deposit the full principal sum into court within 10 days
- In default, the stay order shall lapse
- The order applies to other similar applications
- There shall be no order as to costs
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
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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