DRA v EM [2021] KEHC 3054 (KLR)
- Court
- High Court of Kenya
- Case number
- 3054
- Citation
- [2021] KEHC 3054 (KLR)
- Decided
- 2 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of an order pending appealCoramM. THANDE
Holding
The Court grants a conditional stay of execution of the orders pending appeal
Facts
The Appellant, DRA, applied to set aside exparte orders for alimony pendent lite, claiming he was never married to the Respondent, EM, and would suffer irreparable loss if the orders were executed. The Respondent argued the parties were married under Nandi customary law and that the Appellant had provided for her financially.
Issues
- Whether the Appellant was married to the Respondent
- Whether substantial loss would result if the orders were not granted
Reasoning
The Court finds the Appellant's appeal arguable and grants a stay to allow the appeal to proceed, but with conditions to ensure the Respondent is protected.
Outcome
The Appellant's application for stay of execution of the orders is granted
Orders
- Conditional stay of execution of the orders of 13.4.21 is granted to the Appellant on terms that the Appellant shall file and serve the record of appeal within 14 days. In default, the stay granted herein shall automatically lapse. No order as to costs.
Authorities cited
Cases cited (2)
- Order 42 rule 6 (2) of the Civil Procedure Rules
- Butt v Rent Restriction Tribunal [1982] KLR 417
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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