KENSAN INSURANCE BROKERS LIMITED & ANOTHER vs KENINDIA ASSURANCE COMPANY LIMITED [1997] KECA 270 (KLR)
- Court
- Court of Appeal
- Case number
- 270
- Citation
- [1997] KECA 270 (KLR)
- Decided
- 21 May 1997
The appeal is not frivolous, but the court is not satisfied that granting a stay will render the appeal nugatory. The application for stay is granted on condition that the applicants deposit the whole decretal amount into a joint account with a reputable bank within 30 days.
Facts
The respondent obtained an ex parte judgment against the defendants on March 7, 1997, striking out the defence and entering judgment in favor of the plaintiff for about K.Shs. 13 million. The defendants appealed this judgment.
Issues
- Whether the appeal is frivolous
- Whether granting a stay of execution will render the appeal nugatory
Reasoning
The court was persuaded by the applicant's argument that the appeal is not frivolous. However, the court found that the appeal is not rendered nugatory by the respondent's inability to repay the judgment or by the hardship caused by the stay.
Outcome
Application granted
Orders
- Stay of execution of the order dismissing the application to set aside the ex parte judgment
- Deposit of the whole decretal amount into a joint account with a reputable bank within 30 days
Remedies
- Stay of execution of the judgment
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