County Government of Nyamira v Isoe (Civil Appeal E031 of 2024) [2025] KEHC 700 (KLR) (23 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 700
- Citation
- [2025] KEHC 700 (KLR)
- Decided
- 23 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a civil caseCoramWA OKWANY
Holding
The trial court erred in allowing execution by attachment of movable property. The Appellant should have been ordered to pay the decretal amount by way of an order of mandamus.
Facts
County Government of Nyamira obtained judgment against Isoe in Nyamira CMC CC No. 16 of 2020, allowing execution by way of attachment of movable property. Isoe appealed and applied for a stay of execution.
Issues
- Whether the trial court erred in allowing execution by attachment of movable property
- Whether the Appellant has made out a case for the granting of a stay of execution pending appeal
Reasoning
The Government Proceedings Act protects the Government from execution and attachment of its property/goods. The correct mode of execution is an order of mandamus.
Outcome
Appeal upheld, stay of execution granted
Orders
- Order for stay of execution pending appeal
Remedies
- Stay of execution
Authorities cited
Legislation (1)
- Government Proceedings Act
Cases cited (3)
- Republic v. Permanent Secretary, Ministry of State for Provincial Administration and Internal Security Exparte Fredrick Manoah Egunza
- Antoine Ndiaye v, African Virtual University
- James Wangalwa & Another v. Agnes Naliaka Cheseto
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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