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Christopher Oguto & another v Christine Laeli Kasoa & another [2017] KEHC 2362 (KLR)

[2017] KEHC 2362 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2362
Citation
[2017] KEHC 2362 (KLR)
Decided
2 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants/Applicants seek stay of execution of judgment pending appealCoramJOEL NGUGI
Holding

The Court grants the stay of execution of the judgment pending the hearing and determination of the appeal

Facts

The deceased, Paulo Wamukoko Masafu, was hit by a vehicle driven by the 1st Appellant, who pleaded guilty to careless driving. The 1st Appellant and 2nd Appellant were found jointly liable for 100% of the damages awarded in the civil case.

Issues

  1. Whether the stay of execution of the judgment is justified
  2. Whether the decretal sum should be secured by an insurance bond

Reasoning

The Court finds the appeal to be highly arguable and the Respondents to be in a position to refund the amounts if the appeal succeeds.

Outcome

Stay of execution granted

Orders

  • Grant stay of execution of the judgment pending appeal
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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