Kanake Peter Wahiire v Joseph Maina Kamau & Another [2018] KEHC 9111 (KLR)
- Court
- High Court of Kenya
- Case number
- 9111
- Citation
- [2018] KEHC 9111 (KLR)
- Decided
- 16 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a judgmentCoramB. Thurana Jaden
Holding
The application is allowed on condition that the applicant deposits the decretal sum in a joint interest earning bank account of the counsel for Applicant and the Respondent or in court within 30 days from the date of the ruling.
Facts
The applicant, Kanake Peter Wahiire, is dissatisfied with a judgment in the sum of Ksh.1,300,000 against him in civil case No. 1258 of 2015. The judgment was entered on 9th November 2017.
Issues
- staying the execution of the judgment
- depositing security for the decretal sum
Reasoning
The court allowed the application due to the applicant's reasonable fear that the respondent would be unable to refund the decretal sum, and the court ordered the applicant to deposit the decretal sum as security.
Outcome
The application is allowed.
Orders
- deposit the decretal sum in a joint interest earning bank account of the counsel for Applicant and the Respondent or in court within 30 days from the date of the ruling
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (1)
- Nrb Civil Application 238 of 2005 (UR 144/2005) National Industrial Credit Bank Ltd -Vs- Aquinas Francis Wasike & Another
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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