Abubakar Mohamed Al Amin v Firdaus Siwa Somo [2020] KEHC 1369 (KLR)
- Court
- High Court of Kenya
- Case number
- 1369
- Citation
- [2020] KEHC 1369 (KLR)
- Decided
- 25 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Kadhi's Court judgmentCoramSAL, Thande
Holding
The court reviews the ruling and grants an order for stay of execution pending the hearing and determination of the appeal.
Facts
The appellant/applicant sought an order for stay of execution of a judgment delivered in 2011, but the Kadhi's Court dismissed the application. The applicant then appealed to the Kadhi's Court, which denied the stay. The applicant subsequently filed an application for stay in 2019, which was also denied.
Issues
- Whether this court should review the ruling delivered on 22nd July, 2019 and grant orders for stay of execution
- Whether the applicant had the capacity to appeal the 2018 ruling
Reasoning
The court finds that the 2018 ruling was indeed appealed, and the 2019 ruling was based on a mistaken belief that no appeal was made against the 2018 ruling. The court grants the stay of execution.
Outcome
Order for stay of execution granted
Orders
- Order for stay of execution pending the hearing and determination of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21
- Order 45 rules 1, 2 and 3 of the Civil Procedure Rules, 2010
Cases cited (2)
- Mombasa Court of Appeal Civil Appeal No. 59 of 2018, Abubakar Mohamed Al-Amin vs Firdaus Siwa Somo
- Mombasa High Court Civil Appeal No. 48 of 2018
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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