Janet Kitetu v Jacqueline Mwikali [2019] KEHC 3596 (KLR)
- Court
- High Court of Kenya
- Case number
- 3596
- Citation
- [2019] KEHC 3596 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution of the judgment and decree rendered in the lower court.CoramD. K. Kemei
Holding
The court declines the instant application but gives the appellant fourteen (14) days to comply with the trial court orders of 6 February, 2018 and directs that they pay the auctioneers charges. The Respondent is awarded the costs of this application.
Facts
Appellant Janet Kitetu filed an application for a stay of execution of the judgment and decree rendered in the lower court. The respondent Jacqueline Mwikali opposed the application, citing res judicata and abuse of court process.
Issues
- Whether the application is res judicata
- Whether the application is an abuse of court process
- Who should bear the costs of the application
Reasoning
The court finds that the applicant has not shown substantial loss that would be suffered if the order is not granted, and the application was not brought without inordinate delay.
Outcome
The application is denied.
Orders
- Appellant given 14 days to comply with the trial court orders of 6 February, 2018
- Appellant to pay auctioneers charges
- Respondent awarded costs of the application
Authorities cited
Cases cited (3)
- Patani and Another v Patani (2003) KLR
- Chairman, Cooperative Tribunal & 8 Others Ex Parte Management Committee Konza Ranch & Farming Cooperative Society Limited (2014) eKLR
- Hunker Trading Company Limited v. Elf Oil Kenya Limited [2010] 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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