Alexander Okinda Anangwe v Reuben Muriuki Kahuha & 4 others [2016] KEHC 8303 (KLR)
- Court
- High Court of Kenya
- Case number
- 8303
- Citation
- [2016] KEHC 8303 (KLR)
- Decided
- 13 October 2016
The Defendants have not convinced the Court that any grounds for setting aside the consent judgment exist. The notice of appeal was filed out of time, and there is no evidence of a substantive appeal. The Notice of Motion dated 6th June 2016 is dismissed with costs to the Plaintiff.
Facts
The Plaintiff received a judgment in his favor on May 29, 2015, awarding him Kshs. 4,912,756 plus costs and interest. The Defendants were granted a 30-day stay of execution but applied for a stay pending appeal, which was compromised on March 29, 2016. The Defendants failed to deposit the balance of Kshs. 2,598,968 within the stipulated time, leading to the Plaintiff's motion to execute.
Issues
- Whether the Defendants have grounds to set aside the consent judgment
- Whether there is evidence of a substantive appeal at the Court of Appeal
Reasoning
The Defendants did not fulfill the third condition in the consent judgment, and the Plaintiff moved to execute. The Court noted that the stay of execution had lapsed due to the Defendants' failure to deposit the balance. There is no evidence of a substantive appeal, and the notice of appeal was filed out of time.
Outcome
The Notice of Motion dated 6th June 2016 is dismissed with costs to the Plaintiff.
Orders
- The stay of execution of the decree is dismissed with costs to the Plaintiff.
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