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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
CIVIL APPEAL NO [reference]
[APPELLANT] v [RESPONDENT]
NOTICE OF MOTION
1. The Appellant auctioneer requests stay of execution of the certified [restoration or monetary order] made in [Kakamega Small Claims proceedings] on [verified date], pending this appeal. The exact executable obligations and beneficiaries are [identified from the decree].
2. The vehicle [bracketed registration] was sold under [genuine execution process] for [proved amount], and the Appellant says proceeds were remitted to [actual recipients]. Warrants, attachment, sale and payment records are [supporting exhibit references].
3. The Appellant identifies substantial loss as [proved exposure from the restoration or payment obligation], rather than the mere existence of lawful execution. The current whereabouts and ability to restore the vehicle are [truthfully stated].
4. The purchaser and financier assert hire-purchase and registered interests. Their absence of the vehicle and ongoing obligations are adverse facts requiring fair consideration. No final conclusion on title or legality is sought by this motion.
5. The application follows after [verified interval], with full disclosure of earlier orders and any delay. Security is offered as [actual proposal]; the operative decree and credited payments must be established before a fraction is calculated.
6. The Appellant seeks a conditional stay on proportionate deposit and default terms, expeditious appeal directions and appropriate costs. Dates inconsistent in a published report must be checked against the original file, not silently reordered.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Use the actual existing cause, applicable power and precise interim or substantive prayers with genuine supporting evidence. Disclose adverse facts, earlier applications, current orders and delay. Complete affidavit, exhibits, urgency certificate only where justified, fee and service under current directions. A proposed corrected motion does not establish that the missing facts or procedural permission exist.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
An auctioneer sold a Toyota Hiace for KES 900,000 in execution of accident decrees and said proceeds were remitted. A purchaser and financier challenged attachment, relying on hire-purchase interests and registered ownership. A restoration or monetary decree led to this stay application in a Kakamega High Court appeal from Small Claims Court proceedings.
The Court granted conditional stay requiring half the decretal sum in a joint interest-earning account within 14 days; on default the stay would lapse. Costs awaited the appeal. The ruling weighed the purchaser lack of the vehicle and continued instalments against the auctioneer asserted repayment exposure.
This was an interim ruling, not a final determination that attachment was lawful or ownership proved. The report has inconsistent purchase, auction and motion dates and party numbering. Verify the certified chronology, ownership records and operative decree before asserting sequence or calculating security.
Read the original reported decision: [2026] KEHC 7225 (KLR) — 26 May 2026
The original decision may identify participants. The specimen replaces their identifying details. Primary judicial heading, relevant pleaded positions, evidence, reasons and orders checked. Trial and appeal courts are distinguished. Newly drafted educational reconstructions, not original filings or matters handled by our team. No genuine exhibits, signatures, later-order assurance or licensed-advocate review supplied. Check the actual file and current law and directions.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Small Claims Court Act
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