Bomet County Assembly & 2 others v Wamalwa Abdi & Co. Advocates [2014] KEHC 1287 (KLR)
- Court
- High Court of Kenya
- Case number
- 1287
- Citation
- [2014] KEHC 1287 (KLR)
- Decided
- 21 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramJ. K. SERGON
Holding
The application for stay of execution is allowed with costs abiding the outcome of the intended appeal.
Facts
The applicants are a county assembly and its clerk. They sought a stay of execution of a judgment and decree entered on 24th July, 2014, due to delays in filing the defence and concerns about the appeal's chances.
Issues
- Substantial loss to the applicants if execution proceeds
- Ex parte nature of the application
Reasoning
The court found the application timely and that the applicants would suffer substantial loss if execution proceeded. The court held that the application has merit.
Outcome
Allowed
Orders
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21) Laws of Kenya
- Civil Procedure Rules, 2010
Cases cited (2)
- Esther Wanjiru v. Jackline Arege (2014) eKLR
- Mukuma v. Abuoga (1988) KLR 645
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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