Ngwono Transporters v Peter Kariuki [2016] KEHC 1090 (KLR)
- Court
- High Court of Kenya
- Case number
- 1090
- Citation
- [2016] KEHC 1090 (KLR)
- Decided
- 24 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution pending appealCoramH.A. OMONDI
Holding
Application dismissed with costs to the respondent
Facts
Appellant, Ngwono Transporters, seeks a stay of execution of a judgment and decree in favor of Respondent, Peter Kariuki, pending an appeal. The appellant has deposited Ksh 250,000 as security.
Issues
- Whether the appellant's application for stay of execution is in good faith
- Whether the lower court's orders requiring deposit of the decretal sum in an interest-earning account have been complied with
Reasoning
Appellant's application is in bad faith and attempts to circumvent the lower court's orders. The court finds the application abusive and dismisses it.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent
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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