Gichohi & 2 others v Mary (Civil Appeal E014 of 2022) [2023] KEHC 17648 (KLR) (25 May 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 17648
- Citation
- [2023] KEHC 17648 (KLR)
- Decided
- 25 May 2023
Summary at a glance
TypeCivil AppealPostureAppeal from a judgment and decreeCoramGMA DULU
The court grants a stay of execution of the judgment and decree pending appeal, subject to the applicants paying part of the decretal amount to the respondent.
Facts
Three applicants/applicants filed an application for a stay of execution of a judgment and decree issued by Hon E. M Muiru Principal Magistrate, claiming substantial loss if the stay is not granted.
Issues
- Whether the applicants are likely to suffer substantial loss if the stay orders are not granted.
- Whether the applicants should provide security for the decree amount.
Reasoning
The application was made without unreasonable delay and the appeal is arguable. The court grants a stay subject to the applicants paying part of the decretal amount.
Outcome
The court grants a stay of execution of the judgment and decree pending appeal.
Orders
- Stay of execution of judgment or decree pending appeal.
- The applicants must pay part of the decretal amount to the respondent.
- In default, the stay orders will automatically lapse.
Remedies
- Stay of execution of judgment or decree pending appeal.
- Payment of part of the decretal amount to the respondent.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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