M.O.M Amin Transporters Limited & another v Alexander Ndung’u Mbugua & 2 others [2017] KEHC 4424 (KLR)
- Court
- High Court of Kenya
- Case number
- 4424
- Citation
- [2017] KEHC 4424 (KLR)
- Decided
- 18 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicants sought a stay of execution of a judgment pending appeal.CoramJ. KAMAU
Holding
A stay of execution pending appeal is granted.
Facts
The applicants were found liable for an accident and awarded damages, but they claimed substantial loss and lack of assets to recover from.
Issues
- Whether to grant a stay of execution pending appeal.
- Whether the applicants have assets to recover from if the appeal is successful.
Reasoning
The court granted the stay due to the substantial amount of the decree and the applicants' lack of known assets.
Outcome
The applicants' application was allowed with conditions.
Orders
- Stay of execution pending appeal.
- Applicants to deposit Kshs 1,773,159/=
Remedies
- Stay of execution pending appeal.
- Deposit of Kshs 1,773,159/=
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Equity Bank Limited vs Taiga Adams Company Limited
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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