Mohamed Husna & 2 others v Nyevu Charo Mwawisho (suing as the Legal Administrator of the Estate of Shaban Charo Mwawisho) [2015] KEHC 5313 (KLR)
- Court
- High Court of Kenya
- Case number
- 5313
- Citation
- [2015] KEHC 5313 (KLR)
- Decided
- 3 March 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment entered in favor of the Respondent in Civil Case No. 144 of 2012CoramMARY KASANGO
Holding
The Appellants' application for a stay of execution pending appeal is dismissed with costs to the Respondent.
Facts
The Respondent filed a judgment in Civil Case No. 144 of 2012, and the Appellants filed an appeal against the judgment, but only against the quantum of the judgment.
Issues
- Whether the Appellants have satisfied the conditions set out in Order 42 Rule 6(2) of the Civil Procedure Rules for a stay of execution pending appeal.
- Whether the Respondent has a right to enjoy the fruits of his judgment.
Reasoning
The Appellants failed to meet the threshold of Order 42 Rule 6(2) of the Civil Procedure Rules, as they did not provide evidence of substantial loss to the applicant. The Respondent has a right to enjoy the fruits of his judgment.
Outcome
Appeal dismissed
Orders
- Notice of Motion dated 9th October 2014 is dismissed with costs to Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 42 Rule 6(2)
Cases cited (3)
- KENYA SHELL LIMITED –Vs- KIBIRU (1986)KLR
- SOCFINAC COMPANY LIMITED –Vs- NELPHAT KIMOTHO MUTURI (2013)eKLR
- Machira T/A Machira & Co Advocates vs. East African Standard (No 2) [2002] KLR 63
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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