Nawal Khalifan v Ahmed Ladha [2021] KEHC 8056 (KLR)
- Court
- High Court of Kenya
- Case number
- 8056
- Citation
- [2021] KEHC 8056 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeFamily AppealPostureAppellant seeks review of the court's ruling on a stay of execution of judgmentCoramP.
Holding
The court dismissed the review application as it did not meet the threshold for grant of review orders
Facts
The appellant, Nawal Khalifan, sought a stay of execution of a judgment dated 10th July, 2020, pending an appeal. The court dismissed the stay application due to the potential impact on the appellant's ability to continue her studies at Aga Khan Academy.
Issues
- Appellant's claim that the court's ruling made reference to facts not raised in the proceedings
- Appellant's assertion that the court's references to her financial status were erroneous
Reasoning
The court considered the application under Order 45 Rule 1, stating that review orders are discretionary and can be granted only if there is an apparent error or mistake on the face of the record or discovery of new matter or evidence not within the appellant's knowledge at the time of the ruling.
Outcome
The court dismissed the review application
Authorities cited
Cases cited (3)
- National Bank of Kenya Ltd v Ndungu (1996) KLR 469 (CAK)
- Nyamogo and Nyamogo Vs Kogo (2001) E A 174
- Pancras T.Swai Vs Kenya Breweries Limited (2014) e KLR
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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