Nyota Tissue Products v Lawrence Lawi Kuboka & 4 others [2018] KEHC 4638 (KLR)
- Court
- High Court of Kenya
- Case number
- 4638
- Citation
- [2018] KEHC 4638 (KLR)
- Decided
- 19 July 2018
The court denied the stay of execution, finding that the appellant did not show substantial loss and that the application was filed with unreasonable delay.
Facts
Appellant filed an application for stay of execution of a judgment in Eldama Ravine SPMCC No. 22 of 2013, which was delivered on 3rd November 2015. The judgment held the 1st, 2nd, and 3rd respondents 20% liable and the 4th and 5th respondents 80%. The 5th defendant/applicant made an application for stay of execution, which was granted with conditions.
Issues
- Whether to grant stay of execution pending appeal
- Whether the appellant has shown substantial loss that would result if the stay is not granted
Reasoning
The court found that the appellant did not provide evidence to show substantial loss and that the application was filed 7 months after the judgment was delivered. The court also noted that the respondents had already paid their part of the decretal sum.
Outcome
The court denied the stay of execution.
Orders
- The court denied the stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules, Order 42 Rule 6
- Civil Procedure Rules, Order 42 Rule 7
Cases cited (4)
- Channan Agricultural Contractors
- Kenya Shell Limited v. Benjamin Karuga Kibiru & Anor
- Butt v. Rent Restriction Tribunal Civil Appeal No. Nairobi 6 of 1979
- Machira t/a Machira & Co. Advocates
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