Jonathan Kinyanjui Muiruri v George Ochieng Ogutu [2019] KEHC 2128 (KLR)
- Court
- High Court of Kenya
- Case number
- 2128
- Citation
- [2019] KEHC 2128 (KLR)
- Decided
- 14 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant/Applicant seeks a stay of execution of a decree pending the hearing and determination of the appeal.CoramT.W. CHERERE
Holding
The application for a stay of execution is allowed with conditions.
Facts
The appellant/applicant has filed an appeal on liability and quantum, and is ready to furnish a Bank Guarantee for the due performance of the decree.
Issues
- Substantial loss
- Unreasonable delay
- Security
Reasoning
The court considered the grounds for a stay, including substantial loss, unreasonable delay, and security, and found that the conditions were met.
Outcome
The application is granted with conditions.
Orders
- Stay of execution of proceedings in Kisumu CMCC No. 60 Of 2019 George Ochieng Ogutu versus Jonathan Kinyanjui Muiruri pending the hearing and determination of the appeal.
- Payment of Kshs. 500,000/- of the decretal sum to the Respondent within 30 days.
- Deposit of the balance of the decretal sum into an interest earning account in the names of the advocates within 30 days.
- Appellant shall bear the costs in the appeal.
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (4)
- Standard Assurance Co. Ltd –Vs- Alfred Mumea Komu
- United Builders & Contractors (Africa) Limited –Vs- Standard Chartered Bank Ltd
- ABN Amro Bank N.V. v Le Monde Foods Ltd
- Carter & Sons Ltd. vs. Deposit Protection Fund Board & 2 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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