MNW v LNN [2020] KEHC 4156 (KLR)
- Court
- High Court of Kenya
- Case number
- 4156
- Citation
- [2020] KEHC 4156 (KLR)
- Decided
- 23 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a stay order granted by Nyahururu CM's CourtCoramR.P.V. Wendoh
Holding
The application lacks merit and is hereby dismissed.
Facts
MNW sought an order of stay of execution of a decree in Nyahururu Children Case No.38 of 2018 pending the hearing and determination of Nyahururu Children’s Appeal No.3/2018. LN sought orders of access to the minor children and a paternity test, but the DNA test confirmed LN was not the biological father of the children.
Issues
- Whether the applicant has demonstrated substantial loss that would render the appeal nugatory.
- Whether the applicant has provided security for the due performance of the decree.
Reasoning
The court found that the applicant has not demonstrated substantial loss and there was inordinate delay in filing the application.
Outcome
Appeal dismissed
Orders
- Order of stay of execution of the decree in Nyahururu Children Case No.38 of 2018 pending the hearing and determination of Nyahururu Children’s Appeal No.3/2018 dismissed
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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