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Patrick Musau Ksyula v Clara Amisi Abu (Suing through next Friend Patricia Muthina Abu Mukhobi) & another [2017] KEHC 1464 (KLR)

[2017] KEHC 1464 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1464
Citation
[2017] KEHC 1464 (KLR)
Decided
8 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgmentCoramL. NJUGUNA
Holding

The application for stay of execution of the judgment is dismissed.

Facts

The appellant, Patrick Musau Ksyula, filed an application for stay of execution of the judgment delivered on 13th July, 2017, due to apprehension that the 1st respondent, Clara Amisi Abu, may not be able to refund the decretal sum if the appeal succeeds.

Issues

  1. Whether the appellant has satisfied the conditions for grant of stay of execution.
  2. Whether the appellant has shown substantial loss if execution proceeds.

Reasoning

The court found that the appellant has not satisfied the conditions for grant of stay of execution and that the decree is a monetary one and no loss is likely to be suffered.

Outcome

Dismissed

Orders

  • Application for stay of execution of the judgment is dismissed.
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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