Nicholus Muriuki Mutubie v Mwaniki Mbiti [2016] KEHC 2473 (KLR)
- Court
- High Court of Kenya
- Case number
- 2473
- Citation
- [2016] KEHC 2473 (KLR)
- Decided
- 11 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent's appeal from a Senior Resident Magistrate's Court judgmentCoramNjue
Holding
The court grants the appellant's application on condition that he deposits Kshs 100,000 as security within 45 days from the date of the ruling.
Facts
The appellant filed an application seeking a stay of execution of the Senior Resident Magistrate's Court judgment due to the risk of substantial loss.
Issues
- Whether the appellant is likely to suffer substantial loss unless an order of stay of execution is granted.
- Whether the appellant has shown that he filed the application without delay.
- Whether the applicant has to provide security.
Reasoning
The court finds that the appellant is likely to suffer substantial loss unless the stay is granted, and the delay in filing the application has been explained.
Outcome
Appeal granted with conditions
Orders
- Order for stay of execution of the magisterial judgment
- Order for the provision of security
Remedies
- Stay of execution of the magisterial judgment
- Security deposit
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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