Joseph Karuti v Julius Mwiti M’mungania [2018] KEHC 5932 (KLR)
- Court
- High Court of Kenya
- Case number
- 5932
- Citation
- [2018] KEHC 5932 (KLR)
- Decided
- 4 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks a stay of execution of the judgment and decree pending the filing, hearing and determination of an intended appeal.CoramA. MABEYA
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant seeks a stay of execution of a judgment and decree in TIGANIA P.M.C.C NO. 146 OF 2015, claiming the award was excessive and that he would suffer irreparable loss if the stay is not granted. The respondent denies any negotiations and argues the delay in filing the appeal is inexcusable.
Issues
- Whether the applicant has satisfied the conditions for a stay of execution pending appeal.
- Whether the applicant has good reason and sufficient cause for failing to lodge the appeal within time.
Reasoning
The court finds the delay in filing the appeal is inordinate and the applicant has not provided a satisfactory explanation. The court also finds the applicant has not satisfied the conditions for a stay of execution.
Outcome
Dismissed with costs
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules 2010
- Evidence Act
Cases cited (3)
- Aviation Cargo Support Limited v St. Mark Freight Services Limited (2014) eKLR
- Section 79G of the Civil Procedure Act
- Section 109 of the Evidence Act
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…