Benson Mwangi Muriithi v Stephen Wachira Mburia (Civil Appeal 5 of 2019) [2019] KEHC 1964 (KLR) (13 November 2019) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1964
- Citation
- [2019] KEHC 1964 (KLR)
- Decided
- 13 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Interim Order of Stay of ExecutionCoramNot explicitly named in the text, inferred as 'I'
Holding
The court grants the application for stay of execution.
Facts
The plaintiff, Benson Mwangi Muriithi, seeks an interim order of stay of execution of a judgment in a civil case, pending an appeal. The judgment ordered the defendant, Stephen Wachira Mburia, to pay Kshs 1,500,000 with interest.
Issues
- Whether the application for stay of execution is valid
- Whether the court should grant the stay of execution
Reasoning
The court finds that the plaintiff is likely to suffer substantial loss if the stay is not granted, and the appeal has a high chance of success.
Outcome
Granted
Orders
- Interim Order of Stay of Execution
Remedies
- Preservation of the subject matter of the appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules, Civil Procedure Act Cap 21 Laws of Kenya
Cases cited (1)
- Butt –v- Rent Restriction Tribunal (1982 KLR 417)
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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