Terry Kanyua Marangu v Wells Fargo Limited [2016] KEHC 3167 (KLR)
- Court
- High Court of Kenya
- Case number
- 3167
- Citation
- [2016] KEHC 3167 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside stay of executionCoramF. GIKONYO
Holding
The application is granted, and the stay of execution is set aside. The Deputy Registrar is directed to ensure typed and certified proceedings are provided within 30 days. The case is assigned a mention date for execution.
Facts
The plaintiff, Terry Kanyua Marangu, seeks a stay of execution of a judgment of Kshs. 8,456,500 due to her inability to execute urgent surgery. The defendant, Wells Fargo Limited, has filed a notice of appeal and applied for certified copies of proceedings and judgment.
Issues
- Whether the respondent has filed an appeal within the statutory period prescribed by law.
- Whether the failure to file an appeal defeats the purposes for which the stay was granted.
Reasoning
The respondent has filed a notice of appeal and applied for certified copies of proceedings and judgment, but the delay in obtaining these documents is attributed to the plaintiff's failure to follow up.
Outcome
Application granted
Orders
- Typed and certified proceedings to be provided within 30 days
- Case assigned a mention date for execution
Remedies
- Set aside stay of execution
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.
Loading judgment…