Nyamodi Ochieng Nyamogo v Telkom Kenya Limited [2015] KEHC 7277 (KLR)
- Court
- High Court of Kenya
- Case number
- 7277
- Citation
- [2015] KEHC 7277 (KLR)
- Decided
- 19 May 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePost-judgment proceedings in the nature of execution proceedingsCoramG V ODUNGA
Holding
The court has jurisdiction to investigate whether or not its directions were complied with. The preliminary objection is dismissed.
Facts
The plaintiff filed an amended decree in the sum of Kshs 35,354,362.74, and the defendant deposited Kshs 37,000,000.00 as security for an appeal. The defendant sought to stay execution pending compliance with the directions given by the court.
Issues
- Whether the court is functus officio
- Whether the application is competent
Reasoning
The court found that the plaintiff's contention that the court is functus officio is not valid, as the directions given by the court were clear and the plaintiff had the opportunity to comply with them.
Outcome
The application is dismissed with costs.
Orders
- The preliminary objection is dismissed with costs
Authorities cited
Cases cited (3)
- John Gakure & 148 Others vs. Dawa Pharmaceutical Co. Ltd & 7 Others Civil Application No. 299 of 2007
- Microsoft Corporation vs. Mitsumi Computer Garage Ltd & Another Nairobi (Milimani) HCCC No. 810 of 2001
- Philip Chemwolo & Another vs. Augustine Kubende
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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