Timothy Kamau & 2 others v Faith Waithira Gachagua [2020] KEHC 6441 (KLR)
- Court
- High Court of Kenya
- Case number
- 6441
- Citation
- [2020] KEHC 6441 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal Out of Time and Stay of ExecutionCoramJ. KAMAU
Holding
The Applicants' Notice of Motion application is merited and allowed, with specific orders for filing an appeal and depositing funds.
Facts
The Applicants sought a stay of execution of a judgment against them in NairobiCMCC No 687 of 2016, claiming they had a good and arguable appeal and that their appeal would be rendered nugatory without the stay.
Issues
- Whether the Applicants' appeal is good and arguable
- Whether the Applicants should be granted leave to file an appeal out of time
- Whether the Applicants should be granted a stay of execution
Reasoning
The court found the Applicants' appeal to be good and arguable, and granted leave to file an appeal out of time. A stay of execution was granted with conditions.
Outcome
The Applicants' application is allowed.
Orders
- File and serve Memorandum of Appeal within 14 days
- File and serve Record of Appeal within 120 days
- Facilitate expedited typing of lower court proceedings
- Deposit Kshs 2,042,694.70 into an interest-earning account within 30 days
Remedies
- Stay of execution with conditions
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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