Collins Demba Crispas v Emmy Makhungu Mboya & another (suing as the legal representatives of the Estate of Francis Mboya Ezekia--Deceased) [2021] KEHC 6377 (KLR)
- Court
- High Court of Kenya
- Case number
- 6377
- Citation
- [2021] KEHC 6377 (KLR)
- Decided
- 10 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgment pending appealCoramB. Thuranira Jaden
Holding
The court grants the application for stay of execution of the judgment pending the hearing and determination of the appeal.
Facts
The applicant, Collins Demba Crispas, has filed an appeal against a judgment/decree dated 7 October 2020 in Milimani CMCC No. 7509 of 2018. The respondent, Emmy Makhungu Mboya, is the legal representative of the estate of Francis Mboya Ezekia-deceased.
Issues
- Whether the appeal is arguable with chances of success
- Whether the applicant has demonstrated that the appeal is arguable with high chances of success
- Whether the respondent has any known sources of income
- Whether the applicant has offered satisfactory security for the decretal sum
Reasoning
The court finds that the application is misconceived and lacks merit, and that the supporting affidavit contains false allegations and conceals material facts.
Outcome
The court grants the application for stay of execution of the judgment pending the hearing and determination of the appeal.
Orders
- Stay of execution of the judgment/decree dated 7 October, 2020 in Milimani CMCC No. 7509 of 2018 pending the hearing and determination of the preferred appeal therefrom to the High Court
Remedies
- Stay of execution of the judgment pending the hearing and determination of the appeal
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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