Rama Maziko Rai & another v Nasrudin Abdiker Somo [2018] KEHC 8345 (KLR)
- Court
- High Court of Kenya
- Case number
- 8345
- Citation
- [2018] KEHC 8345 (KLR)
- Decided
- 28 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek stay of execution of the Judgment and all consequential orders pending hearing and determination of the Appeal.CoramL. N. MUTENDE
Holding
The application is allowed on condition that the applicant deposits the entire decretal amount in court within seven days. In default, the order will stand vacated.
Facts
The appellants are seeking a stay of execution of a judgment in a civil case due to the minor respondent's inability to refund the awarded damages if the appeal succeeds.
Issues
- Substantial loss if the order of stay of execution is not granted.
- Whether the respondent is capable of refunding the decretal sum if paid and the appeal succeeds.
Reasoning
The court considers the principles from Order 42 Rule (6) of the Civil Procedure Rules and the cases cited, concluding that the applicant will suffer substantial loss if the order of stay is not granted.
Outcome
The application is allowed with conditions.
Orders
- The applicant deposits the entire decretal amount in court within seven days.
- In default, the order will stand vacated.
Remedies
- Deposit of the entire decretal amount in court within seven days.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (3)
- Carter & Sons LTD vs. Deposit Protection Fund Board & Two Others Civil Appeal No. 291 of 1997
- Mukoma vs. Abuoga (1988) KLR
- Kenya Hotel Properties Limited vs. Willesden Properties Limited Civil Application Nai No. 322 of 2006 (UR) 178/06
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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