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Nancy Wanjira v Catherine Njeri Wangari & another [2016] KEHC 2727 (KLR)

[2016] KEHC 2727 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2727
Citation
[2016] KEHC 2727 (KLR)
Decided
29 September 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of judgment pending appealCoramL NJUGUNA
Holding

The application for stay of execution is dismissed with costs to the respondents.

Facts

Appellant filed an application for stay of execution of judgment dated 24 February 2016, issued by Resident Magistrate M. Chesang. The appeal was filed on 21 March 2016, and the application for stay was filed on 29 March 2016.

Issues

  1. Whether the applicant will suffer substantial loss if execution is allowed.
  2. Whether the appeal is frivolous and should be dismissed.

Reasoning

The court found that the applicant has not demonstrated substantial loss and that the appeal is not frivolous.

Outcome

Appeal dismissed

Authorities cited

Cases cited (1)
  • Kenya Shell Limited Vs Benjamin Karuga Kigibu & Ruth Wairimu Karuga (1982 – 1988) I KAR 1018
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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