Southern Credit Banking Corporation Ltd v Grandways Ventures Ltd & another [2001] KECA 344 (KLR)
- Court
- Court of Appeal
- Case number
- 344
- Citation
- [2001] KECA 344 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of injunction pending appealCoramA.A. LAKHA, S.E.O. BOSIRE, M. KEIWUA
Holding
The application fails and is dismissed with costs.
Facts
Southern Credit Banking Corporation Ltd applied for a stay of execution of an injunction granted by the High Court of Kenya at Kisumu, restraining Grandways Ventures Ltd and Reliance Bank Limited from dealing with property known as Reliance Centre. The property was registered in the name of Grandways Ventures Limited as lessee for a 99 year term.
Issues
- Whether the applicant's intended appeal will be rendered nugatory if a stay is refused.
- Validity of the applicant's Notice of Appeal
Reasoning
The court concluded that the applicant's intended appeal is unlikely to be rendered nugatory if a stay is refused, and the applicant has not satisfied the second test for granting an application under rule 5(2)(b) of the Rules.
Outcome
Application dismissed
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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