Kenya Tea Development Agency v Charles Nyaundi Okemwa & another [2021] KEHC 2632 (KLR)
- Court
- High Court of Kenya
- Case number
- 2632
- Citation
- [2021] KEHC 2632 (KLR)
- Decided
- 21 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks stay of execution pending appealCoramR. E. Ougo
Holding
Stay of execution pending appeal is declined
Facts
Judgment was delivered on 22/7/2020 against the Appellant. The Appellant filed a Notice of Appeal to the Court of Appeal but the appeal was not lodged.
Issues
- Whether the Appellant has satisfied the conditions for grant of stay pending appeal
- Whether the Respondent is capable of repaying the decretal amount if the appeal succeeds
Reasoning
The Appellant failed to demonstrate substantial loss and the Respondent is lawfully entitled to enjoy the fruits of the judgment.
Outcome
Motion dismissed with costs to the 1st Respondent
Orders
- Stay of execution pending appeal declined
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- HGE V SM (2020) eKLR
- Kenya Shell Ltd. v Kibiru (1986) KLR 410
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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