Mathenge v Chepng’eno alias Ivy Chepngeno (Civil Appeal 33 of 2023) [2024] KEHC 1545 (KLR) (22 February 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1545
- Citation
- [2024] KEHC 1545 (KLR)
- Decided
- 22 February 2024
Summary at a glance
TypeCivil AppealPostureRespondent appealed a money decree awarded by Hon. Angima- SRM in Nyeri CMCC E293 of 2021.CoramMUYA
The court granted a stay of execution of the decree on condition that the Applicant deposits the whole of the decretal sum within 30 days.
Facts
The Respondent appealed a money decree of Kshs. 800,000/= general damages and Kshs. 4,550/= special damages awarded on 17th April 2021.
Issues
- Whether the court should grant a stay of execution of the decree pending the appeal.
- Whether the Respondent is impecunious and unable to refund the sum payable if a stay is not granted.
Reasoning
The court granted the stay to ensure fairness to both parties, despite the Respondent's potential impecuniosity.
Outcome
Appeal granted, stay of execution of the decree granted.
Orders
- Stay of Execution of the Judgment and decree delivered on 17th April 2021 pending the hearing and determination of the appeal.
Remedies
- The Applicant must deposit the whole of the decretal sum within 30 days.
⚠ 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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