Nelson N. Ndengwa v Issa Makokha Misiko [2021] KEHC 2028 (KLR)
- Court
- High Court of Kenya
- Case number
- 2028
- Citation
- [2021] KEHC 2028 (KLR)
- Decided
- 16 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for stay of execution of judgment pending appealCoramS.N Riechi
Holding
The application for stay of execution is granted on the following conditions: the applicant must execute a bank guarantee for the whole decree and costs within 30 days, otherwise the stay will lapse.
Facts
The applicant, Nelson N. Ndengwa, seeks a stay of execution of a judgment in Bungoma CMCC No. 478 of 2015, pending the hearing and determination of an intended appeal against a judgment of the trial magistrate.
Issues
- Applicant's intention to appeal the judgment
- Excessive liability and quantum awarded
- Necessity of staying proceedings to preserve the appeal
- Insurance's willingness to provide a bank guarantee
Reasoning
The court considers the applicant's intention to appeal and the potential irreparable loss if the proceedings are not stayed, and finds that the appeal is meritorious.
Outcome
Application granted with conditions
Orders
- Stay of execution granted pending appeal
- Bank guarantee for the whole decree and costs within 30 days
Remedies
- Stay of execution
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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