John Kitonga Musembi v Anne Mbete Mulu [2015] KEHC 4252 (KLR)
- Court
- High Court of Kenya
- Case number
- 4252
- Citation
- [2015] KEHC 4252 (KLR)
- Decided
- 25 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant sought a stay of execution of the judgment and decree of the subordinate court pending the hearing and determination of the appeal.CoramGEORGE DULU
Holding
The court dismissed the application for a stay of execution, finding that the appellant had not demonstrated substantial loss and had not offered security.
Facts
The appellant, John Kitonga Musembi, appealed against a judgment and decree in Mwingi SRM CC No. 34 of 2014, which he claimed had substantial and irreparable loss if not stayed.
Issues
- Whether the appellant's appeal was arguable with very high chances of success.
- Whether the appellant would suffer substantial and irreparable loss if the judgment and decree were executed.
- Whether the appellant had demonstrated irreparable loss to the standard required by law for the stay to be granted.
Reasoning
The court found that the appellant had not demonstrated substantial loss and had not offered security, thus failing to meet the requirements for a stay of execution.
Outcome
Application dismissed with costs to the respondent.
Orders
- Interim stay of execution vacated.
Authorities cited
Legislation (2)
- Civil Procedure Act Cap. 21
- Order 42 Rule 4 of the Civil Procedure Rules
Cases cited (3)
- Josphine Moraa Vs. Ken Sagin and others [2010] eKLR
- Kenya Commercial Bank Ltd Vs. Sun City Properties Limited and 5 others [2012] eKLR
- Republic Vs. The commissioner for investigations and enforcement exparte Wananchi group limited [2014] eKLR
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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