Patrick Mutua & another v Mutua Nyamai [2018] KEHC 9762 (KLR)
- Court
- High Court of Kenya
- Case number
- 9762
- Citation
- [2018] KEHC 9762 (KLR)
- Decided
- 3 December 2018
The court granted the stay of execution of the judgment pending the hearing and determination of the appeal.
Facts
The applicants (Patrick Mutua and Joshua Musyoki) filed an appeal against a judgment and decree in Machakos Chief Magistrate's Court Civil Suit No. 393 of 2017. They sought a stay of execution of the judgment pending the hearing and determination of the appeal.
Issues
- Whether the applicants' appeal is arguable and has high chances of success.
- Whether substantial loss will result to the applicants if the decree is executed.
- Whether the applicants have provided reasonable security for the performance of the decree.
Reasoning
The court considered the application, affidavits, and submissions. It held that the applicants' appeal is arguable and has high chances of success, and that substantial loss may result to them if the decree is executed. The court also noted that the applicants have provided reasonable security for the performance of the decree.
Outcome
The court granted the stay of execution of the judgment pending the hearing and determination of the appeal.
Orders
- Stay of execution of the judgment pending the hearing and determination of the appeal.
Remedies
- Stay of execution of the judgment pending the hearing and determination of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (3)
- Vishram Ravji Halai vs. Thornton & Turpin Civil Application No. Nai. 15 of 1990
- Suleiman vs. Amboseli Resort Limited
- Samvir Trustee Limited vs. Guardian Bank Limited Nairobi (Milimani) HCCC 795 of 1997
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