Mary Mwaki Masinde v County Government of Vihiga & 2 others [2015] KEHC 1602 (KLR)
- Court
- High Court of Kenya
- Case number
- 1602
- Citation
- [2015] KEHC 1602 (KLR)
- Decided
- 19 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramE. C. MWITA
Holding
A conditional stay of execution is granted.
Facts
The County Government of Vihiga filed a motion seeking a stay of execution of a judgment awarding damages of Kshs.3,000,000 to the petitioner. The petitioner opposed the motion, arguing that the applicant has not shown irreparable loss.
Issues
- Whether the applicant has shown good grounds for the grant of an order for stay of execution.
- Whether the applicant has demonstrated special circumstances to warrant the grant of an order for stay of execution.
Reasoning
The court balances the rights of the parties and grants a stay conditioned on payment of Kshs.1,500,000 by the applicant.
Outcome
Application granted
Orders
- A stay of execution is granted on condition that the applicant pays Kshs.1,500,000 within 45 days.
- The balance of Kshs.1,500,000 is to be deposited in an interest-earning account in the joint name of the advocates for the parties within 45 days.
- In default, the order for stay of execution shall stand discharged.
- The respondent shall have costs of the application.
Remedies
- Conditional stay of execution
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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