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Ezekiel Nzuki Mumo v John Kinuthia & another [2017] KEHC 7146 (KLR)

[2017] KEHC 7146 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7146
Citation
[2017] KEHC 7146 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramA. MBOGHOLI MSAGHA
Holding

The application for a stay of execution is granted with conditions

Facts

The plaintiff received a judgment in favor of the total sum of Kshs. 10,741,000/=\

Issues

  1. Stay of execution pending appeal
  2. Security for judgment

Reasoning

The court granted the application due to the defendant's offer to pay part of the decretal sum and the apprehension of substantial loss if the judgment is executed.

Outcome

Appeal dismissed

Orders

  • Stay of execution of the decree
  • Payment of Kshs. 2,000,000/= out of the decretal sum
  • Balance of the decretal sum to be deposited in an interest earning account in the joint names of both advocates on record

Remedies

  • Stay of execution

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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