CHARLES KIMOSO TOTON V REUBEN CHERUTICH CHEBON & ANOTHER [2012] KEHC 746 (KLR)
- Court
- High Court of Kenya
- Case number
- 746
- Citation
- [2012] KEHC 746 (KLR)
- Decided
- 6 December 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a judgment granting a stay of executionCoramM. J. ANYARA EMUKULE
Holding
The court granted a stay of execution on terms of payment of half the decretal sum and deposit of the other half in the joint names of counsel for the decree-holder and the judgment-debtor
Facts
The plaintiff, Charles Kimoso Toton, sought a stay of the orders granted in a previous judgment delivered on June 29, 2012. The defendant, Reuben Cherutich Chebon, filed a Notice of Motion on August 2, 2012, seeking a stay of execution.
Issues
- Whether the application for stay of execution was made within a reasonable time
- Whether the applicant demonstrated substantial loss that would result from non-execution
Reasoning
The court found that the application for stay was not made within a reasonable time and that the applicant did not demonstrate substantial loss that would result from non-execution.
Outcome
Stay of execution granted
Orders
- Payment to the Decree-holder of half the decretal sum Kshs 865,670.60
- Deposit of the other half Kshs 865,670.60 in the joint names of counsel for the decree-holder and the judgment-debtor
Remedies
- Stay of execution
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 42, rule 4(2)
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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