Kirweya (Suing as the Donee of Power of Attorney on Behalf of Joseph Mwithiga Kirweya) v Karuga (Civil Appeal E187 of 2023) [2025] KEHC 17469 (KLR) (28 November 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 17469
- Citation
- [2025] KEHC 17469 (KLR)
- Decided
- 28 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent/Applicant seeks a stay of execution of a judgment ordering him to pay USD 27,000 to the appellant/respondentCoramPlatt Ag
Holding
The application for a stay of execution is dismissed.
Facts
The respondent/Applicant has filed a cross-appeal challenging the lower court's judgment. He fears losing his moveable properties if execution is not halted due to a proclamation by the appellant/respondent.
Issues
- Whether the applicant has an arguable appeal that is not frivolous.
- Whether the appeal would be rendered nugatory if the stay of execution is not granted.
Reasoning
The court found that the applicant has not raised a bona fide arguable ground for appeal and that the appeal would not be rendered nugatory if the stay of execution is not granted.
Outcome
The application is dismissed.
Authorities cited
Cases cited (5)
- Narok County Government & another v Mwavali (Civil Application No. E071 of 2023) [2024] KECA 1799 (KLR)
- Kenya Medical Lab Technicians & Technologists Board v Prime Communications Limited [2014] eKLR
- Allyder Trading Company Ltd v Lucy Jepngetich Mikei Civil Appeal No. 135 of 2014 [2016] eKLR
- Civil Application No. Nairobi 6 of 1979 Butt v Rent Restriction Tribunal
- RWN v EKN [2019]
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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