Macharia Gachangaga v Pauline Wanjiru Kamau & another [2017] KEHC 3995 (KLR)
- Court
- High Court of Kenya
- Case number
- 3995
- Citation
- [2017] KEHC 3995 (KLR)
- Decided
- 20 July 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of decree pending appealCoramJ.N. MULWA
Holding
The court finds that there is no pending appeal against the decree and that an order of stay of execution cannot be granted without leave of the court.
Facts
The plaintiff seeks a stay of execution of a decree due to subdivision of the suit land, while the defendants oppose the application on grounds of lack of appeal pending.
Issues
- Whether there is a right of appeal against an order of the court on mode of execution of a decree.
- Whether the application for stay of execution is competent given the absence of a pending appeal.
Reasoning
The court rules that the order appealed from is not one that can be appealed from without leave of the court, and that there is no competent appeal upon which the court can grant an order of stay of execution.
Outcome
Application denied
Orders
- Execution process to be commenced and finalised within 90 days from this ruling.
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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