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Judith M. Njue v Standard Chartered Bank of Kenya & another [2001] KECA 342 (KLR)

[2001] KECA 342 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
342
Citation
[2001] KECA 342 (KLR)
Decided
21 December 2001
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of execution from a ruling and order of the High CourtCoramJ. E. Gicheru, A. A. Lakha, E. Owuor
Holding

The appeal is arguable and a stay of execution is granted until the determination of the appeal.

Facts

The applicant, Judith Njue, sought an injunction against the respondents, Standard Chartered Bank of Kenya Ltd and Pride of Meru Hotels Ltd, to restrain them from taking possession of or evicting her from the suit land. The respondents applied against the applicant, seeking to exercise their statutory powers of sale.

Issues

  1. Whether the injunction granted by the High Court should be stayed
  2. Whether the appeal is frivolous

Reasoning

The court found that the appeal has merit and that the stay is necessary to preserve the potential success of the appeal.

Outcome

Stay of execution granted until the determination of the appeal.

Orders

  • Stay of execution of the orders of the superior court in this matter until the determination of the intended 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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