Mohansons (Kenya) Limited v Registrar of Titles & 3 others [2018] KEHC 9032 (KLR)
- Court
- High Court of Kenya
- Case number
- 9032
- Citation
- [2018] KEHC 9032 (KLR)
- Decided
- 20 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Judicial ReviewPostureApplication for stay of execution or maintenance of status quoCoramHonourable Edward M. Muriithi
Holding
The court granted the stay of execution pending appeal, agreeing with the principles stated by the Applicant for the grant of stay of execution.
Facts
The 2nd Respondent (Mary Murtazzah Ontatto) seeks a stay of execution of a Ruling by Honourable Edward M. Muriithi dated 6th June, 2017, against the Petitioner (Mohansons (Kenya) Limited). The Petitioner (Mohansons (Kenya) Limited) has filed a Petition seeking to have the Ruling set aside.
Issues
- Whether a stay of execution should be issued staying the Ruling of Honourable Edward M. Muriithi
- Whether an order of maintenance of status quo should be issued
Reasoning
The court found no unreasonable delay in filing the application and that the Applicant has raised arguable grounds for appeal. The court agreed with the Applicant's claim of substantial loss if the orders are not granted.
Outcome
The court granted the stay of execution pending appeal.
Orders
- Order for stay of execution pending appeal
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Constitution of Kenya (Protection of Rights and Fundamental Freedom) Practice & Procedure Rules, 2012
- Civil Procedure Rules, 2010
Cases cited (1)
- Housing Finance Company of Kenya versus Sharok Kher Mohamed Ali Hirji & Another [2015] eKLR
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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