Masisi Mwita v Damaris Wanjiku Njeri [2016] KEHC 7349 (KLR)
- Court
- High Court of Kenya
- Case number
- 7349
- Citation
- [2016] KEHC 7349 (KLR)
- Decided
- 18 February 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant sought an order of stay of execution of the judgment pending the hearing and determination of the intended appeal.CoramJohn M. Mativo
Holding
The application is dismissed with costs to the respondent.
Facts
The appellant filed an appeal against a judgment in Thilka CMCC No. 342 of 2010, and sought a stay of execution of the judgment pending the appeal.
Issues
- Whether the appellant is dissatisfied with the decision of the lower court and intends to appeal.
- Whether the respondent will suffer prejudice if the application is allowed.
- Whether the applicant has proved substantial loss.
- Whether the respondent is entitled to the fruits of the judgment.
Reasoning
The court found that the applicant did not prove substantial loss and that the respondent is entitled to the fruits of the judgment.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent.
Authorities cited
Cases cited (18)
- Civil Procedure Rules 2010
- Civil Procedure Act
- High Court Civil Appeal No. 62 of 2008
- Supra
- Civil App No. NAI 6 of 1979
- HC Misc No. 42 of 2012 OR {2012} eKLR
- {2002} 1 KLR 867
- {2006}eKLR
- {2012}eKLR
- {1993} KLR 365
- {2013}eKLR
- Supra note 6
- Supra note 14
- {2002} KLR 63
- {2013}eKLR
- 4th Edition, Vol 37 pages 330-332
- WC No. 43 of 200 (UR)
- Civil Application number NAI 322 of 2006 (UR)
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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