Kenyan Alliance Insurance Co. Ltd v Clephas Nyamongo [2019] KEHC 4775 (KLR)
- Court
- High Court of Kenya
- Case number
- 4775
- Citation
- [2019] KEHC 4775 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution of the orders in Keroka PMCC No. 107 of 2018 pending the hearing and determination of the appeal.CoramE. N. MAINA
Holding
The application is dismissed with costs to the respondent.
Facts
The appellant seeks a stay of execution of the orders in Keroka PMCC No. 107 of 2018 pending the hearing and determination of the appeal due to the respondent's inability to refund the decretal sum.
Issues
- Whether the application for stay of execution is resjudicata.
- Whether the applicant has demonstrated substantial loss.
- Whether the applicant has the legal capacity to satisfy the judgement in the lower court.
Reasoning
The court found no merit in the application and dismissed it, citing the self-same argument used in a previous application which was dismissed.
Outcome
Appeal dismissed
Orders
- Stay of execution pending the hearing and determination of the appeal
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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