Nice Rice Millers Ltd v Meru County Government [2018] KEHC 1326 (KLR)
- Court
- High Court of Kenya
- Case number
- 1326
- Citation
- [2018] KEHC 1326 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks stay of execution and extension of time to file appealCoramA. MABEYA
Holding
The application for stay of execution is granted on condition that the plaintiff deposits KShs.134,145,234/70 in an interest-bearing account within 30 days of the ruling.
Facts
The plaintiff received a judgment for Kshs.93,708,914/= on September 20, 2018, but failed to file an appeal within the time limit. The plaintiff claims the delay was due to a court clerk informing them that the judgment would be delivered on notice due to a go-slow.
Issues
- Whether the application for stay of execution and extension of time to file appeal is valid
- Whether the defendant will suffer substantial loss if the stay is not granted
Reasoning
The court granted the stay due to the substantial amount involved and the plaintiff's right to appeal, but also noted the plaintiff's failure to provide security for the decree.
Outcome
The plaintiff's application for stay of execution and extension of time to file appeal is granted.
Orders
- A stay of execution of the judgment and decree of September 20, 2018 is granted on condition that the plaintiff deposits KShs.134,145,234/70 in an interest-bearing account within 30 days of the ruling.
- The defendant will have the costs of the application.
Remedies
- Stay of execution of the judgment and decree
Authorities cited
Legislation (3)
- Civil Procedure Act 2010
- Appellate Jurisdiction Act
- Court of Appeal Rules
Cases cited (2)
- Josphat Gathee Kibuchi v. Kirinyaga County Council
- Raiply Woods (k) Ltd & Anor v. County Government of Baringo & 2 others
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.
Loading judgment…