Ndungu Hauliers Limited v Patrick Mwange Kiluva [2016] KEHC 5863 (KLR)
- Court
- High Court of Kenya
- Case number
- 5863
- Citation
- [2016] KEHC 5863 (KLR)
- Decided
- 30 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks a stay of execution of a judgment pending the hearing and determination of the appealCoramA. MBOGHOLI MSAGHA
Holding
Order a stay of execution pending the determination of the intended appeal, conditional on deposit of the decretal sum in an interest earning account or filing of a bank guarantee equivalent to the sum
Facts
Respondent has judgment for Kshs. 600,000 plus costs and interest. Appellant sought a stay of execution which was granted for 30 days but expired. Appeal has been filed but record cannot be filed due to lack of lower court proceedings.
Issues
- Whether the circumstances justify a stay of execution pending the appeal
- Whether the respondent would be able to refund the sum if the appeal succeeds
Reasoning
The court considers the right of appeal and the potential inability of the respondent to refund the sum if the appeal succeeds. The court orders a stay conditional on security measures.
Outcome
Appellant's application granted
Orders
- Order a stay of execution pending the determination of the intended appeal
- Conditional on deposit of the decretal sum in an interest earning account or filing of a bank guarantee equivalent to the sum
Remedies
- Stay of execution pending 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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