West Media Limited & another v Augustine Wangui Muriithi [2021] KEHC 6865 (KLR)
- Court
- High Court of Kenya
- Case number
- 6865
- Citation
- [2021] KEHC 6865 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief Magistrate's CourtCoramS.N Riechi
Holding
The application is allowed with conditions
Facts
The appellants sought a stay of execution of a judgment and decree in a civil suit, claiming irreparable loss and inability to recover the decretal sum if the appeal fails.
Issues
- Whether the appellants have met the conditions set out in Order 42 Rule 6 of the Civil Procedure Rules
- Whether the application is merited
Reasoning
The court found that the appellants have met the conditions for a stay, but the respondent is entitled to enjoy the fruits of his judgment.
Outcome
Appeal allowed with conditions
Orders
- Applicant to deposit the entire decretal sum in an interest-earning account within 30 days
- In default, execution to proceed
- Applicant to prepare and serve the Record of Appeal within 60 days
Remedies
- Stay of execution of the decree pending appeal
Authorities cited
Legislation (3)
- Article 159(2) (d) of the Constitution
- Sections 1A, 1B, 3, 3A and 65 of the Civil procedure Act
- Order 51 Rule 1, Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (4)
- Stanley Mugweru Muchira & 2 Ors Vs John Muthike Muchira (2020)eKLR
- Wilfred Nyawira Maina V Peterson Onyingo Gichana (2015)eKLR
- Josephat Nikasio Vs Donald Masika (2020)eKLR
- Kenya Hotel Properties Limited V Willesden Investments Limited (2007) 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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