Mahesh Harakhchand Dodhia v Eddy Nicholas Ombundo Orinda t/a One and Associates Advocates [2020] KEHC 9825 (KLR)
- Court
- High Court of Kenya
- Case number
- 9825
- Citation
- [2020] KEHC 9825 (KLR)
- Decided
- 30 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks a stay of execution pending hearing and determination of the appeal.CoramD. S. MAJANJA
Holding
The application for a stay of execution is allowed on the condition that the appellant provides security for the entire decretal sum.
Facts
The appellant is liable to settle a decree for Kshs. 18,263,757.80 after the subordinate court dismissed his application seeking to set aside a default judgment.
Issues
- Whether the appellant has established substantial loss.
- Whether the appellant has provided sufficient security for the decretal sum.
Reasoning
The court found that the appellant did not demonstrate substantial loss and that the security provided was insufficient.
Outcome
The appellant’s application for a stay of execution is allowed.
Orders
- The sum of Kshs. 500,000.00 deposited in court shall remain in court pending the hearing and determination of the appeal.
- The balance of the decretal sum shall be secured by a bank guarantee from a reputable bank within 30 days.
- The costs of this application shall be in the appeal.
Remedies
- Stay of execution pending hearing and determination of the appeal.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Kenya Shell Ltd v Kibiru & Another, CA CIVIL APPL NO. NAI 97 OF 1986 [1986] eKLR
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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