Joseph Wamburu Tumbu & another v Jane Mwende Mbatha [2014] KEHC 1061 (KLR)
- Court
- High Court of Kenya
- Case number
- 1061
- Citation
- [2014] KEHC 1061 (KLR)
- Decided
- 26 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek a stay of execution of a judgment pending the hearing and determination of an appeal.CoramB. Thurana Jaden
Holding
The court orders that 50% of the decretal sum be paid to the respondent and the balance deposited in an interest-earning account of both parties within 30 days.
Facts
The appellants were granted leave to appeal out of time on condition of providing security in the form of an insurance bond. The respondents' properties have been proclaimed, and the appellants fear loss and damage.
Issues
- Whether the court should grant a stay of execution of the judgment pending the appeal.
- How to balance the interests of both parties in the event of a successful appeal.
Reasoning
The court balances the interests of both parties, considering the appellants' fear of loss and the respondent's inability to show her resources.
Outcome
The court grants a stay of execution of the judgment.
Orders
- Payment of 50% of the decretal sum to the respondent and deposit of the balance in an interest-earning account of both parties within 30 days.
Authorities cited
Cases cited (2)
- Kenya Shell Ltd. Vs Kibiri & Another (1986) KLR
- National Industrial Credit Bank Ltd –vs- Aquinas Francis Wasike & Another Civil Application Nai 238 of 2005 (UR. 144/2005)
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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