Focin Motorcycle Co. Limited v Ann Wambui Wangui & another [2018] KEHC 8358 (KLR)
- Court
- High Court of Kenya
- Case number
- 8358
- Citation
- [2018] KEHC 8358 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of judgment pending appealCoramL. W. GITARI
Holding
The application for stay of execution is granted
Facts
Appellant filed a Notice of Motion seeking a stay of execution of a judgment issued in Baricho RMCC 25 of 2014, claiming substantial loss if the judgment is executed and the appeal is successful.
Issues
- Whether to grant stay of execution
- Whether the application was made without unreasonable delay
- Whether the applicant has provided security
Reasoning
The court found that the application met the threshold for granting the order of stay, considering the substantial loss risk, lack of unreasonable delay, and provision of security.
Outcome
Stay of execution granted pending the hearing and determination of the appeal
Orders
- Security deposit of the decretal sum in an interest-earning account in the joint names of the counsel for appellant and respondent within 21 days from the date of the judgment
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 42, Rule 6 of Civil Procedure Rules
- Order 51, Rule 10 of Civil Procedure Rules
Cases cited (1)
- Patricia Cherotich Sawe v Independent Electoral & Boundaries Commission (IEBC) and 4 Others
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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