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Pamba Onweno Amila v John Juma Kutolo [2018] KEHC 5807 (KLR)

[2018] KEHC 5807 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5807
Citation
[2018] KEHC 5807 (KLR)
Decided
29 May 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution of the decree and judgment pending the hearing and determination of the application.CoramKIARIE WAWERU KIARIE
Holding

The application is dismissed with costs to the respondent.

Facts

The applicant, Pamba Onweno Amila, sought a stay of execution of a decree and judgment due to the respondent, John Juma Kutolo, instructing an auctioneer to attach his property and failing to properly calculate the outstanding balance.

Issues

  1. Whether the application is complete and properly grounded.
  2. Whether the applicant's claims are valid and supported by the court's records.

Reasoning

The court found that the application was incomplete due to missing dates, but the applicant's claims were not supported by the court's records and calculations.

Outcome

Dismissed

Orders

  • Application dismissed with costs to the respondent.
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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