Francis Njoroge v Stephen Maina Kamore [2017] KEHC 1568 (KLR)
- Court
- High Court of Kenya
- Case number
- 1568
- Citation
- [2017] KEHC 1568 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of judgment pending appealCoramL. Njuguna
Holding
The application for stay of execution is granted, with the Appellant depositing one half of the decretal amount in a joint interest earning account pending the hearing and determination of the appeal.
Facts
Appellant Francis Njoroge filed a Notice of Motion seeking a stay of execution of a judgment awarding the Respondent Stephen Maina Kamore Kshs. 1,650,215/=, pending the hearing and determination of an appeal.
Issues
- whether the application for stay of execution has been made without unreasonable delay
- whether security for costs has been given
- whether substantial loss may result to the Appellant unless the order for stay is granted
Reasoning
The court exercised discretion in favour of allowing the application, balancing the interests of the parties and ensuring the Appellant's opportunity to appeal.
Outcome
Stay of execution granted
Orders
- Appellant to deposit one half of the decretal amount in a joint interest earning account pending the hearing and determination of the appeal
- Costs of the application to abide the outcome of the appeal
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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