Odera Obar & Co Advocates v Aquva Agencies Limited [2021] KEHC 5684 (KLR)
- Court
- High Court of Kenya
- Case number
- 5684
- Citation
- [2021] KEHC 5684 (KLR)
- Decided
- 1 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCommercial and Tax Division Miscellaneous Civil ApplicationPostureApplication for stay of execution pending appealCoramOdera Obar Kennedy
Holding
The court grants the application for a stay of execution pending appeal.
Facts
The applicant, Odera Obar & Co Advocates, seeks a stay of execution of a decree pending the hearing and determination of an appeal. The respondent, Aquva Agencies Limited, opposes the application.
Issues
- Whether the applicant has made out a case for the granting of orders of stay of execution pending appeal.
- Whether the applicant has demonstrated why the respondent should be deprived of the fruits of the judgment.
Reasoning
The court considers that the applicant has not demonstrated substantial loss and has not provided security for the due performance of the decree.
Outcome
Application granted
Orders
- Interim order of stay of execution pending the hearing and determination of the application.
- Order of stay of execution of the decree pending hearing and determination of the appeal.
Remedies
- Stay of execution pending appeal.
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (2)
- James Wangalwa & Another vs Agnes Naliaka Cheseto Miscellaneous Application 42 of 2012 eKLR
- Mwaura Karuga t/a Limit Enterprises v Kenya Bus Services Ltd & 4 Others [2015] eKLR
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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