Morine Wairumu Chure & another v Victor Ochieng Wasonga [2016] KEHC 4849 (KLR)
- Court
- High Court of Kenya
- Case number
- 4849
- Citation
- [2016] KEHC 4849 (KLR)
- Decided
- 2 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek a stay of execution pending appeal.CoramHON. JUDGE
Holding
The application is competent and the applicants have met the requirement of Order 42 Rule (6) of the Civil Procedure Rules.
Facts
Respondent obtained judgment against the appellants in Milimani CMCC No. 3655 of 2011, and the appellants have filed an appeal. The appellants seek a stay of execution pending the appeal.
Issues
- Whether the application is competent.
- Whether the applicants have met the requirement of Order 42 Rule (6) of the Civil Procedure Rules.
Reasoning
The court found the affidavit in support of the application to be competent and authorized by the management and directors of the defendant.
Outcome
The application is granted.
Orders
- A stay of execution in Milimani CMCC No. 3655 of 2011 pending the hearing.
- Costs to abide the outcome of the appeal.
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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