Simon Njoroge Kirika v Michael Leshan Isaack & another [2017] KEHC 1129 (KLR)
- Court
- High Court of Kenya
- Case number
- 1129
- Citation
- [2017] KEHC 1129 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Misc. ApplicationPostureApplicant seeks stay of execution of lower court declaratory ordersCoramR. NYAKUNDI
Holding
Stay of execution of the order dated 11/10/2017 is issued pending the hearing and determination of the appeal
Facts
Motor vehicle reg. No. KBV 717F was detained at Kitengela Police Station and ordered to be released to the plaintiff. The 2nd respondent was directed to surrender the original log book and transfer documents within 50 days.
Issues
- Whether the applicant will suffer substantial loss if the order is not granted
- Whether there is sufficient security for the due performance of the decree
Reasoning
The court considers the applicant's application timely, the risk of substantial loss, and the need for security. The court grants the stay to allow the appeal to be heard and to avoid stifling the appeal.
Outcome
Stay of execution of the order dated 11/10/2017 is granted pending the hearing and determination of the appeal
Orders
- Stay of execution of the order dated 11/10/2017
- The applicant/respondent motor vehicle reg. No. KBV 717F to continue being held at Kitengela police station
- The record of appeal to be served upon the respondent within 14 days
- Parties to file written submissions on the issues in this matter to accompany the affidavit material
- The costs of this application to abide the outcome of the appeal
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (3)
- Civil Procedure Rules 2010
- Civil Procedure Act
- Constitution of Kenya
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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