Wilson Mutegi Nyaga v Johana Muthengi Toto [2018] KEHC 7551 (KLR)
- Court
- High Court of Kenya
- Case number
- 7551
- Citation
- [2018] KEHC 7551 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution pending hearing of appeal
Holding
The application for stay of execution is denied.
Facts
Appellant/Applicant Wilson Mutegi Nyaga owes Respondent Johana Muthengi Toto Kshs. 92,145/= plus costs and interest. The Appellant/Applicant has appealed the judgment of the Lower Court.
Issues
- Whether the Appellant will suffer substantial loss if the order for stay of execution is not granted.
- Whether the Appellant has demonstrated irreparable damage and willingness to satisfy the order of the Court.
Reasoning
The court found that the Appellant has not demonstrated substantial loss and irreparable damage, and that the appeal has a high chance of success.
Outcome
Denied
Orders
- The application for stay of execution is denied.
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the High Court Rules
Cases cited (2)
- Machira t/a Machira & Co. Advocates vs. East African Standard (No. 2) (2002) KLR 63
- Sewakambo Disckson vs. Ziwa Abby HCT-00 CA MA 178 OF 2005
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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