K.B Sanghani & Sons v Dorothy Munini Mutisya & Jackline Ndinda (Suing as the Legal Representatives of the estate of Jackson Mutuku Mutisya - Deceased) [2018] KEHC 2343 (KLR)
- Court
- High Court of Kenya
- Case number
- 2343
- Citation
- [2018] KEHC 2343 (KLR)
- Decided
- 7 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution pending appealCoramCounsel
Holding
The Court grants the stay of execution pending appeal
Facts
The Appellant is aggrieved by a judgment in favor of the Respondent, and seeks a stay of execution of the decree pending the appeal.
Issues
- whether the Court should exercise its discretion in favor of the Appellant and stay the execution of the decree of the Mavoko Principal Magistrates Court Case No. 545 of 2014 pending the hearing of the appeal
- what amount of security should be ordered
Reasoning
The court considers the grounds for the stay and the merits of the appeal, concluding that substantial loss may result to the Appellant if the stay is not granted.
Outcome
The Court grants the stay of execution pending appeal
Orders
- stay of execution pending appeal
Remedies
- reasonable security as the court may order
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (1)
- Johnson Mwiruti Mburu v Samuel Macharia Ngure (2004) eKLR
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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