John Ritho Kanogo & 2 others v Joseph Ngugi & & another [2018] KEHC 1298 (KLR)
- Court
- High Court of Kenya
- Case number
- 1298
- Citation
- [2018] KEHC 1298 (KLR)
- Decided
- 20 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of judgment pending appealCoramL. NJUGUNA
Holding
The court grants a stay of execution pending the hearing and determination of the intended appeal to the Court of Appeal, on condition that half of the decretal sum is paid to each of the Respondents and the balance be deposited in a joint interest account to be opened in the joint names of the counsels on record.
Facts
Judgment in favor of 1st, 2nd, and 3rd Respondents for Kshs.10,900,000 and Kshs.8,000,000 respectively, plus costs. Applicants intend to appeal the decision.
Issues
- Whether to grant a stay of execution of the judgment pending appeal
- Whether the judgment is excessive and burdensome for the applicants
Reasoning
The court balances the interests of both parties and grants a stay, considering the Respondents' ability to refund the decretal sum despite living outside the jurisdiction.
Outcome
Stay granted pending appeal
Orders
- Half of the decretal sum to be paid to each of the Respondents
- Balance to be deposited in a joint interest account to be opened in the joint names of the counsels on record
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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