Associated Mercantile & Allied Services Ltd & Joseph Muturi Gitau, Samuel Ndiba Kihara Mary Wairimu (sued in their capacity as Chairman,Secretary and Treasurer of Shangilia Baba na Mama Self Help Group v Isaac Onywere Kabesa (Civil Appeal 59 of 2015) [2016] KEHC 5804 (KLR) (9 February 2016) (Ruling)
- Court
- High Court of Kenya
- Case number
- 5804
- Citation
- [2016] KEHC 5804 (KLR)
- Decided
- 9 February 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment pending appealCoramBrett L., Madan, Platt
Holding
The court granted the stay of execution pending appeal
Facts
The 1st and 2nd appellants filed an application for stay of execution of judgment in Milimani CMCC 643 of 2009, which was dismissed. They appealed the judgment in Civil Appeal No. 59 of 2015.
Issues
- Whether the court should grant a stay of execution pending appeal
- Whether the applicants will suffer substantial loss if the stay is not granted
Reasoning
The court found that the applicants have demonstrated sufficient cause for the stay and that substantial loss may result if the stay is not granted. The court also noted that the appeal has high chances of success.
Outcome
Stay of execution granted
Orders
- Stay of execution granted pending appeal
Remedies
- Stay of execution granted
Authorities cited
Legislation (2)
- Order 42 Rule 6 of the Civil Procedure Rules
- Civil Procedure Act Cap 21 Laws of Kenya
Cases cited (2)
- Kenya Shell v Karuga (1982-1988) 1 KAR (1022)
- MM Butt v The Rent Restriction Tribunal CA Nairobi 6/1979
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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