Ole Nasesia & another v Regina Mogori [2014] KEHC 333 (KLR)
- Court
- High Court of Kenya
- Case number
- 333
- Citation
- [2014] KEHC 333 (KLR)
- Decided
- 3 November 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in a subordinate courtCoramC.B. NAGILLAH
Holding
The application is granted
Facts
The appellants, Ole Nasesia and Ole Nandeya, seek a stay of execution or further execution of a judgment and decree in Kilgoris PMCC. No. 5 of 2009, pending the hearing and determination of this application. They also seek to set aside an order of dismissal of their application for stay of execution of the judgment and decree in the subordinate court.
Issues
- Whether the application for stay of execution should be granted
- Whether the order of dismissal of the application for stay of execution should be set aside
- Whether the execution of the judgment and decree should be stayed pending the hearing and determination of the appeal
Reasoning
The court finds that if the stay of execution is not granted, the object of the application and appeal will be defeated and rendered nugatory. The applicants are ready and willing to give security pending the hearing and determination of the appeal.
Outcome
Appeal granted
Orders
- Stay of execution or further execution of the judgment and decree in Kilgoris PMCC. No. 5 of 2009 pending the hearing and determination of this application
- Set aside the order of dismissal of the application for stay of execution of the judgment and decree in the subordinate court
- Stay of execution or further execution of the judgment and decree in Kilgoris PMCC. No. 5 of 2009 pending the hearing and determination of the appeal
Remedies
- Security provided for the performance of the decree
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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