Jason Ondabu t/a Andabu & Co. Advocates v Moses Kinuthia [2017] KEHC 6784 (KLR)
- Court
- High Court of Kenya
- Case number
- 6784
- Citation
- [2017] KEHC 6784 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant/Applicant seeks the release of Kshs. 50,000 as security for stay of execution pending appeal.CoramL. NJUGUNA
Holding
The court finds merit in the application and grants the release of Kshs. 50,000 to the Appellant.
Facts
The appeal arose from the ruling of Hon. A. Ireri (Mrs) in Milimani CMCC No. 6546 of 2007, where the Appellant was ordered to deposit Kshs. 50,000 as security for stay of execution pending appeal. The appeal was allowed on 31st October, 2016.
Issues
- Whether the sum of Kshs. 50,000 should be released to the Appellant as security for stay of execution pending appeal.
- Whether the Respondent will suffer any prejudice if the sum is released.
Reasoning
The court considers the application and the affidavit in support, noting that the appeal was allowed and the sum was held as security pending the hearing and determination of the appeal. The court finds it only fair and just to release the sum to the Appellant.
Outcome
The application is granted.
Orders
- The sum of Kshs. 50,000 be released to Jason Ondabu, Equity Bank Limited, Fourways Branch, Account No.020167212241, Nairobi.
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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