Nancy Wakuthii Kago v Julia Muthoni Kiura [2020] KEHC 3517 (KLR)
- Court
- High Court of Kenya
- Case number
- 3517
- Citation
- [2020] KEHC 3517 (KLR)
- Decided
- 17 August 2020
The court granted the stay of execution of the orders made on 17/09/2020 in HC Civil Appeal No. 8 of 2019, finding the applicant's inability to raise the required security was not a valid reason for the stay.
Facts
The applicant sought a stay of execution of rulings and orders in HC Civil Appeal No. 5 of 2019, dated 26/06/2019, and other subsequent orders, pending the hearing and determination of the appeal. The applicant claimed inability to raise the required security and illness, while the respondent opposed the application, arguing it was unmerited and meant to delay the proceedings.
Issues
- Merit of the application for stay of execution
- Validity of the orders sought to be stayed
Reasoning
The court noted the orders sought to be stayed were made on 17/09/2020, not 26/06/2019 as claimed by the applicant. The court also considered the respondent's arguments about the course of justice and the respondent's right to enjoy the fruits of her judgment.
Outcome
Granted
Orders
- Stay of execution of the orders made on 17/09/2020 in HC Civil Appeal No. 8 of 2019
Remedies
- Stay of execution
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