Daud Mathobe Hud v Malia Taba Abdi [2018] KEHC 6417 (KLR)
- Court
- High Court of Kenya
- Case number
- 6417
- Citation
- [2018] KEHC 6417 (KLR)
- Decided
- 5 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to stay the execution of a judgment pending the hearing and determination of the application.CoramGeorge Dulu
Holding
The application will fail as the prayer for stay of execution of judgment is for the period pending the determination of the application.
Facts
The appellant filed an application under sections 1A, 1B, and 3A of the Civil Procedure Act and Order 40 and 51 of the Civil Procedure Rules, seeking a stay of execution of a judgment delivered by Hon M S Hassan Principal Kadhi.
Issues
- Whether the application for stay of execution of judgment is valid.
- Whether a proper appeal was filed and paid for.
Reasoning
The court finds that the application is premature as the prayer for stay of execution of judgment is for the period pending the determination of the application, and thus the prayer will be spent upon delivery of this ruling.
Outcome
The application is dismissed.
Orders
- The applicant is ordered to expedite his intended appeal and ask the court to grant him a hearing date on priority basis.
- Costs of the application will follow the decision in the appeal.
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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