Samson Kariuki Njengi & Susan Waitherero Kariuki v Tom Kelvin Mogeni t/a Mogeni & Co. Advocates (Civil Case 170 of 2017) [2020] KEHC 10195 (KLR) (Commercial and Tax) (5 October 2020) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10195
- Citation
- [2020] KEHC 10195 (KLR)
- Decided
- 5 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal and Motion to Stay ExecutionCoramF. TUIYOTT
Holding
The court finds that the defendant has not demonstrated that he is likely to suffer substantial loss if the stay of execution is not granted, and therefore dismisses the Notice of Motion with costs.
Facts
The plaintiffs, Samson Kariuki Njengi and Susan Waitherero Kariuki, sued Tom Kelvin Mogeni for holding a sum of Ksh 3,184,000 to their account. The defendant filed a Notice of Appeal and a Motion to Stay Execution.
Issues
- Whether the defendant will suffer substantial loss if the stay of execution is not granted.
- Whether the defendant holds the sum of Ksh 3,184,000 to the plaintiffs' account.
Reasoning
The court considers the totality of the evidence and the affidavit submitted by the defendant, concluding that the defendant will not suffer substantial loss if the stay is not granted.
Outcome
The defendant's Motion to Stay Execution is dismissed.
Orders
- The defendant is ordered to pay the sum of Ksh 3,184,000 to the plaintiffs within 45 days of the judgment.
- The defendant is ordered to pay the costs of the suit.
Authorities cited
Cases cited (2)
- Daniel Chebutuk Rotich & 2 Others v Emirates Airlines – Civil Case No. 368 of 2001
- Special Condition (f) of the sale agreement
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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