Charles Makenzi Wambua v Africa Merchant Assurance Co. Ltd & 10 others [2014] KEHC 662 (KLR)
- Court
- High Court of Kenya
- Case number
- 662
- Citation
- [2014] KEHC 662 (KLR)
- Decided
- 26 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for stay of execution of judgmentsCoramR.E ABURILI
Holding
The court grants the application for stay of execution of judgments against the plaintiff
Facts
The plaintiff, Charles Makenzi Wambua, is a 75-year-old pensioner who has been involved in an accident involving his motor vehicle registration number KBL 383M on 20th August 2011. He has paid Ksh. 330,000/= as excess, but the defendant, Africa Merchant Assurance Co. Ltd, has not settled the decrees/judgments in favor of the interested parties.
Issues
- Stay of enforcement of judgments against the plaintiff
- Plaintiff's inability to settle the decrees/judgments due to lack of means
Reasoning
The court grants the application for stay of execution of judgments against the plaintiff due to the defendant's failure to settle the decrees/judgments and the plaintiff's inability to settle them due to his financial situation.
Outcome
Application granted
Orders
- All parties to comply with Order 11 of the Civil Procedure Rules within 45 days from the date of this ruling to facilitate the expeditious disposal of the suit
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Constitution of Kenya
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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