Shem David Mukumbi v Alice Nzula Kilonzo [2021] KEHC 13430 (KLR)
- Court
- High Court of Kenya
- Case number
- 13430
- Citation
- [2021] KEHC 13430 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks stay of execution of judgment pending appealCoramOdundo J
Holding
The court grants the stay of execution pending appeal
Facts
Applicant Shem David Mukumbi is liable for Kshs 124,670 in judgment SPMMC No. 135 of 2019. He appeals the judgment and seeks stay of execution pending appeal.
Issues
- Whether the stay of execution should be granted
- Whether the applicant has provided reasonable security
Reasoning
The court considers the provisions of Order 42 rule 6 of the Civil Procedure Rules and the overriding objective of the Civil Procedure Act. The court grants the stay as it is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay.
Outcome
The court grants the stay of execution pending appeal
Orders
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (3)
- Vishram Ravji Halai vs. Thornton & Turpin
- Stephen Boro Gitiha vs. Family Finance Building Society
- Kenya Commercial Bank Limited vs. Kenya Planters Co-Operative Union
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.
Loading judgment…