Festus Muoka Nzelu v Elizabeth Wangui & another [2018] KEHC 1068 (KLR)
- Court
- High Court of Kenya
- Case number
- 1068
- Citation
- [2018] KEHC 1068 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution of the lower court judgment on the grounds of real threat of execution and the right of appeal.CoramA.MBOGHOLI MSAGHA
Holding
The court gives an order of stay of execution on the following terms: the appellant shall pay the respondents a sum of Kshs. 500,000/=. The balance of the decretal sum shall be deposited in an interest earning account in the joint two names of the advocates on record for the parties.
Facts
The appellant has a right of appeal, and the respondents are entitled to the fruits of their judgment. Liability had been agreed in the lower court.
Issues
- Real threat of execution
- Right of appeal
- Quantum of judgment
Reasoning
The court balances the interests of both parties and considers the material presented, deciding to stay the execution of the lower court judgment.
Outcome
The court grants the stay of execution.
Orders
- Stay of execution of the lower court judgment
Remedies
- Payment of Kshs. 500,000 by the appellant to the respondents
- Deposit of the balance of the decretal sum in an interest earning account in the joint two names of the advocates on record for the parties
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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