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Momai Investment Limited v Fred Kioko [2020] KEHC 10106 (KLR)

[2020] KEHC 10106 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
10106
Citation
[2020] KEHC 10106 (KLR)
Decided
28 September 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a judgment of a resident magistrateCoramJ. KAMAU
Holding

the court grants a stay of execution pending the appeal

Facts

the appellant filed a civil suit against the respondent, seeking a judgment and damages

Issues

  1. the validity of the respondent's judgment
  2. the quantum of damages

Reasoning

the court allowed the appellant's application for a stay of execution, subject to certain conditions

Outcome

the appeal is allowed with conditions

Orders

  • a stay of execution pending the appeal
  • the appellant to release Kshs 750,000 to the respondent
  • the appellant to deposit the balance of Kshs 750,000 into an interest earning account with the respondent's advocates

Remedies

  • the appellant to release Kshs 750,000 to the respondent
  • the appellant to deposit the balance of Kshs 750,000 into an interest earning account with the respondent's advocates
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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