Eden Millers v Phylis Swali Wakhungu & 2 others [2021] KEHC 684 (KLR)
- Court
- High Court of Kenya
- Case number
- 684
- Citation
- [2021] KEHC 684 (KLR)
- Decided
- 20 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of a Resident MagistrateCoramW. Musyoka
Holding
The application for stay of execution pending appeal is allowed on the terms proposed.
Facts
The appellant, Eden Millers, appealed against a judgment delivered on 29th April 2019 by Hon. FM Nyakundi, Senior Resident Magistrate, in Mumias SPMCCC No. 288 of 2012. The judgment was for the first respondent, Phylis Swali Wakhungu, and the second and third respondents, Kasune Enterprise Limited and Andrew Omuhaka.
Issues
- Application for stay of execution pending appeal
- Status quo to be maintained for the hearing and disposal of the appeal
Reasoning
The court believes that maintaining the status quo is just and will facilitate the hearing and disposal of the appeal, as an aggrieved party is entitled to a second opinion from an appellate court.
Outcome
Appeal allowed
Orders
- Stay of execution pending appeal
- Appellant to deposit the entire judgment in court within 30 days of the date of this order
- Appellant to file record of appeal within 30 days of the date of this order
- Deputy Registrar to cause the appeal to be listed for directions on disposal
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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