Micah Tonui v William Cheruiyot Kirui [2014] KEHC 13 (KLR)
- Court
- High Court of Kenya
- Case number
- 13
- Citation
- [2014] KEHC 13 (KLR)
- Decided
- 7 October 2014
The court grants the application for temporary stay of execution of decree and release of motor vehicle registration KAW 126H Toyota Station Wagon on condition that the applicant deposits half the decretal sum in court within 30 days, deposits the motor vehicle log book in court, and the auctioneer's costs abide the outcome of the appeal.
Facts
Applicant seeks temporary stay of execution of a decree and release of a motor vehicle registration KAW 126H Toyota Station Wagon due to an appeal pending and the sale of another motor vehicle registration No.KBK 498V.
Issues
- Whether the application for temporary stay of execution of decree and release of motor vehicle registration KAW 126H Toyota Station Wagon is valid
- Whether the applicant has provided sufficient security for due performance of the decree
Reasoning
The court grants the application due to the appeal pending and the sale of another motor vehicle registration No.KBK 498V, and the applicant's request for security for due performance is not sufficient.
Outcome
Granted
Orders
- Temporary stay of execution of decree and release of motor vehicle registration KAW 126H Toyota Station Wagon
Remedies
- Half the decretal sum deposited in court within 30 days
- Motor vehicle log book deposited in court
- Auctioneer's costs abide the outcome of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 42 Rule 6(2)
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