Ingati v Kumar & another (Civil Appeal E761 of 2025) [2026] KEHC 1236 (KLR) (Civ) (10 February 2026) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1236
- Citation
- [2026] KEHC 1236 (KLR)
- Decided
- 10 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent's appeal from a judgment and decree in a civil caseCoramA.C. Mrima, J.
Holding
The application for a stay of execution is allowed with conditions
Facts
The appellant sought a stay of execution of a judgment and decree in a civil case, claiming that the motor vehicle registration number KCX 911S was collateral and that she would not part with or interfere with it.
Issues
- Whether the motor vehicle registration number KCX 911S is collateral
- Whether the appellant's application for a stay of execution should be granted
Reasoning
The court found that the motor vehicle registration number KCX 911S is collateral and that the appellant would not part with it, thus the likelihood of substantial loss is real.
Outcome
Appeal allowed
Orders
- A stay of execution of the judgment and decree in Milimani [Nairobi] Civil Case Number E2227 of 2023 dated 15th July 2025 be and is hereby issued on condition that the Applicant shall not in any manner whatsoever part with or interfere with the registration, alienate, transfer, sell or in any way dispose of the motor vehicle registration number KCX 911S pending hearing and determination of the appeal.
- Costs of the application to be in the appeal.
- The trial Court file be availed.
- This matter shall be fixed for further directions on the appeal before the Hon. Deputy Registrar.
Remedies
- Stay of execution of the judgment and decree pending appeal
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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