Elijah Njagi & another v Eunice Mwende Kilonzo [2021] KEHC 13246 (KLR)
- Court
- High Court of Kenya
- Case number
- 13246
- Citation
- [2021] KEHC 13246 (KLR)
- Decided
- 26 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek a stay of execution of the judgment pending the hearing and determination of the appeal.CoramOguna, Hancox, Kuloba, Nyamu, Ondunga, Warsame
Holding
The court grants the stay of execution pending the appeal.
Facts
The appellants are dissatisfied with a judgment against them for Kshs 703,550 plus costs and interests, and seek a stay of execution of the judgment pending the appeal.
Issues
- Whether the court has the power to grant a stay of execution pending appeal.
- Whether the application for stay is made without unreasonable delay.
- Whether substantial loss may result to the appellants unless the order is made.
- Whether the appellants have provided sufficient security for the due performance of the decree.
Reasoning
The court considers the application in light of the overriding objective of the Civil Procedure Act, which aims to justly determine proceedings, efficiently dispose of business, and timely dispose of proceedings.
Outcome
The court grants the stay of execution pending the appeal.
Orders
- The court grants the stay of execution pending the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Vishram Ravji Halai vs. Thornton & Turpin Civil Application No. Nai. 15 of 1990
- Stephen Boro Gitiha vs. Family Finance Building Society & 3 Others Civil Application No. Nai. 263 of 2009
- Kenya Commercial Bank Limited vs. Kenya Planters Co-Operative Union Civil Application No. Nai. 85 of 2010
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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