Esther Wanjiru v Jackline Arege [2014] KEHC 6829 (KLR)
- Court
- High Court of Kenya
- Case number
- 6829
- Citation
- [2014] KEHC 6829 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of judgment pending appealCoramH.A OMONDI
Holding
The application for stay of execution is granted, subject to the applicant depositing Kshs. 971,855 into a joint interest earning account within 30 days.
Facts
Appellant Esther Wanjiru sought an order for stay of execution of judgment in Nakuru CMCC No. 1015 of 2011, claiming she has an arguable appeal and fears respondent Jackline Arege may execute the judgment.
Issues
- Whether the appellant has an arguable appeal
- Whether substantial loss will result to the appellant if the order is not granted
- Whether the application was made without unreasonable delay
- Whether the applicant will suffer substantial loss unless the order sought is granted
Reasoning
The court found the delay in filing the application was not unreasonable and the applicant has given an undertaking to provide security. The court granted the stay of execution pending hearing and determination of the appeal.
Outcome
Stay of execution granted
Orders
- Applicant Esther Wanjiru to deposit Kshs. 971,855 into a joint interest earning account within 30 days
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Cecilia Nyambura Murunga v. Stephen Kuhora; Nakuru High Court Civil Appeal No. 176 of 2011
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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