Brinks Security Services Limited v Nickson Mwanga Elioji [2021] KEHC 13302 (KLR)
- Court
- High Court of Kenya
- Case number
- 13302
- Citation
- [2021] KEHC 13302 (KLR)
- Decided
- 12 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks stay of execution of judgment and decree pending appealCoramC.M.Eoli
Holding
Motion granted on condition that Applicant deposits entire decretal sum into a joint interest earning account within 30 days
Facts
Applicant Brinks Security Services Limited seeks stay of execution of judgment and decree in Milimani CMCC No. 6390 of 2017 due to dissatisfaction with the decision and likelihood of appeal being rendered nugatory due to execution of assets.
Issues
- Whether to grant stay of execution pending appeal
- Whether Applicant has met conditions for stay
Reasoning
Court considers the substantial amounts in the decree and the lack of proof of Respondent's financial means, granting stay pending appeal with condition for security deposit.
Outcome
Motion granted
Orders
- Stay of execution granted pending appeal
- Security deposit of entire decretal sum into a joint interest earning account within 30 days
Remedies
- Security deposit of decretal sum
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (7)
- Butt v Rent Restriction Tribunal (1982) KLR 417
- Siegfried Busch v MCSK (2013) eKLR
- James Wangalwa & Another v Agnes Naliaka Cheseto (2012) eKLR
- Edward Kamau & Another v Hannah Mukui Gichuki Misc. No. 78 of 2015
- Shell v Shell (1988) 2 KAR
- Nduhiu Gitahi and Another -Vs- Anna Wambui Warugongo (1988) 2 KAR
- Rosengrens -Vs- Safe Deposit Centres Limited (1984) 3 ALLER 198
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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