Registered Trustees of the Catholic Diocese of Murang’a & another v James Mwangi & 2 others [2014] KEHC 5130 (KLR)
- Court
- High Court of Kenya
- Case number
- 5130
- Citation
- [2014] KEHC 5130 (KLR)
- Decided
- 3 March 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant moved for stay of execution of a decree following a judgment in a civil suit.CoramNgaah Jairus
Holding
The court grants the appellant's motion for a stay of execution pending the appeal.
Facts
The appellant, Registered Trustees of the Catholic Diocese of Murang’a, was evicted from a parcel of land and ordered to demolish a residential house on the property by the Murang’a Senior Principal Magistrate’s court. The appellant appealed the decision and moved for a stay of execution.
Issues
- Appellant's capacity to be sued
- Substantial loss if appeal is not granted
Reasoning
The court found the appellant's appeal to be arguable and likely to succeed, and that it would suffer substantial loss if the decree was executed. The appellant provided security for the performance of the decree.
Outcome
The court grants the stay of execution.
Orders
- Stay of execution of the decree pending the appeal.
- Appellant to deposit Kshs. 1 Million as security for the performance of the decree.
Remedies
- Stay of execution 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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