Stephen Mwangi Gichuri v Fred Maraga Abincha [2021] KEHC 4136 (KLR)
- Court
- High Court of Kenya
- Case number
- 4136
- Citation
- [2021] KEHC 4136 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant's appeal from a decreeCoramJ. K. SERGON
Holding
The motion for stay of execution of the decree is allowed
Facts
The respondent is not opposing the application for stay of execution of the decree if security for the due performance of the decree is provided. The applicant has admitted there is no appeal against the award of kshs.1,500,000 and ksh.9,850/=.
Issues
- Stay of execution of the decree pending appeal
- Payment of undisputed sum of ksh.1,509,850/=
Reasoning
The respondent is not opposing the application for stay of execution of the decree if security for the due performance of the decree is provided. The applicant has admitted there is no appeal against the award of kshs.1,500,000 and ksh.9,850/=
Outcome
Appeal allowed
Orders
- An order for stay of execution of the decree is granted pending appeal on condition that the applicant provides a bank guarantee for ksh.3,000,000/= within a period of 45 days from the date hereof.
- The appellant to pay the respondent the undisputed sum of ksh.1,509,850/= within a period of 45 days from the date hereof.
- In default of (i) and (ii) above, the order for stay shall lapse and the respondent will be at liberty to execute.
- Costs of the motion to abide the outcome of the appeal.
Remedies
- Stay of execution of the decree pending appeal
- Payment of undisputed sum of ksh.1,509,850/=
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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