Kenya National Highways Authority v Geoffrey Muga [2021] KEHC 7091 (KLR)
- Court
- High Court of Kenya
- Case number
- 7091
- Citation
- [2021] KEHC 7091 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution of a ruling and ordersCoramHon. Justice R. Nyakundi
Holding
The court denied the application for a stay of execution and ordered that the motor vehicle registration number KBC 749 be re-weighed, any excess load removed, and a new ticket issued without payment of storage charges.
Facts
The appellant, Kenya National Highways Authority, seeks a stay of execution of a ruling and orders that the motor vehicle registration number KBC 749 be re-weighed, any excess load removed, and a new ticket issued without payment of storage charges.
Issues
- Whether the appeal is arguable
- Whether the applicant would suffer substantial loss not remediable by way of damages
- Whether the applicant is ready and willing to give a security for the due performance of the decree
Reasoning
The court found that the applicant did not satisfy the conditions for a stay of execution, including the requirement of substantial loss not remediable by damages.
Outcome
Denied
Orders
- There be a stay of execution of the ruling delivered on 16/4/2021 and orders dated 26/4/2021 in Misc. Application No. E004 of 2021 at Mariakani directing that the motor vehicle registration number KBC 749 be re-weighed, and any excess load removed and based on the fresh weight, a new ticket be issued and the overload fees be assessed and the motor vehicle released without payment of any storage charges.
Authorities cited
Cases cited (3)
- Tropical Supplies Ltd & 2 others versus International Credit Bank Ltd (2004) 2 EA 331
- Chris Munga N. Bichage vs Richard Nyagaka Tongi & 2 others (2013) EKLR
- Antoine Ndiaye vs African Virtue University, Nairobi Civil Suit No 422 of 2006
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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