Musundi v Faida (Civil Appeal E195 of 2024) [2025] KEHC 3906 (KLR) (26 March 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3906
- Citation
- [2025] KEHC 3906 (KLR)
- Decided
- 26 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Small Claims CourtCoramGikonyo, Kimaru, OMINDE
Holding
The application for stay of execution pending appeal is granted.
Facts
The respondent filed a suit against the appellant in the Small Claims Court seeking Kshs. 403,000 for a sum of Kshs. 130,000 and costs and interest. The trial court set aside its initial judgment and substituted it with a new judgment in favor of the respondent.
Issues
- Whether orders for stay of execution should issue
- Whether the applicant has demonstrated substantial loss
- Whether the application was made without unreasonable delay
Reasoning
The court is satisfied that the applicant has demonstrated substantial loss due to the high interest rate applied in the final award. The application was not made with unreasonable delay.
Outcome
The application for stay of execution pending appeal is granted.
Orders
- The application for stay of execution pending appeal is granted
Remedies
- The applicant is ordered to deposit the decretal amount before the court as security
Authorities cited
Cases cited (3)
- James Wangalwa & Another vs. Agnes Naliaka Cheseto [2012] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike & an [2024] KEHC 2799 (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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