Benjamin Odiara Ahinda v Kenya Women Finance Trust (KWFT) Kakamega Regional Office [2015] KEHC 6012 (KLR)
- Court
- High Court of Kenya
- Case number
- 6012
- Citation
- [2015] KEHC 6012 (KLR)
- Decided
- 13 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant/Applicant seeks a stay of execution pending appeal and attachment of motor vehicle liftedCoramA.C. MRIMA
Holding
Stay of execution pending appeal granted
Facts
Lorna MBAYI SIMIYU advanced Kshs. 3,000,000/= to the Respondent secured by a Chattels Mortgage executed by the Applicant, which was registered but not dated.
Issues
- Validity of Chattels Mortgage
- Substantial loss if stay is not granted
- Constitutionality of notice
Reasoning
The Court considers the conditions for granting a stay and finds that substantial loss may result if the stay is not granted.
Outcome
Stay granted pending appeal
Orders
- Stay of execution pending appeal
- Applicant to deposit Kshs. 347,518/24 and Original Vehicle Registration Book
- Motor vehicle registration number KBD 486G released to Appellant
- Appellant to file Record of Appeal within 45 days
Remedies
- Stay of execution pending appeal
- Motor vehicle registration number KBD 486G released to Appellant
Authorities cited
Legislation (1)
- Civil Procedure Act
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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