Clerk of the National Assembly & another v Kaunda Robert Keari & 2 others [2017] KEHC 4774 (KLR)
- Court
- High Court of Kenya
- Case number
- 4774
- Citation
- [2017] KEHC 4774 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicants seek stay of execution of judgment pending appealCoramHON. W. A. OKWANY
Holding
The court grants a stay of execution pending appeal, but on condition that the applicants deposit the full decretal sum in a joint interest earning account held by the advocates for both parties within 30 days.
Facts
The applicants were awarded Kshs 561,000 plus interest for arrears of rent from the applicants. They filed an appeal and sought a stay of execution.
Issues
- Whether the applicants have demonstrated substantial loss if the stay of execution is not granted
- Whether the applicants have met the requirements for granting a stay of execution
Reasoning
The applicants have not shown they will suffer substantial loss, and the respondent is the owner of the rented premises.
Outcome
Stay of execution granted pending appeal
Orders
- Stay of execution granted pending appeal
- Applicants to deposit decretal sum in a joint interest earning account within 30 days
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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