Westmont Power Kenya Ltd v Bosley Frederick & another t/a Continental Traders & Marketing [2003] KECA 169 (KLR)
- Court
- Court of Appeal
- Case number
- 169
- Citation
- [2003] KECA 169 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of decree pending appealCoramR.O. KWACH, JUDGE OF APPEAL, A.B. SHAH, JUDGE OF APPEAL, E. OWUOR, JUDGE OF APPEAL
Holding
The application for stay of execution of the decree is allowed, and the decree is stayed pending the hearing and determination of the intended appeal.
Facts
Two plaintiffs filed a suit against the defendant claiming US$950,000 for consultancy services. The defendant filed a counter-claim for repayment of US$700,000. Summary judgment was entered against the defendant in the sum of Shs 76,000,000.
Issues
- Whether the intended appeal is arguable.
- Whether the plaintiffs gave false PIN and VAT registration numbers.
Reasoning
The court found the intended appeal arguable and that the plaintiffs gave false PIN and VAT registration numbers, which are issues to be decided during the appeal.
Outcome
The decree is stayed pending the appeal.
Orders
- Order for stay of execution of the decree in HCCC NO 1700 of 2001.
- Stay of pending garnishee proceedings.
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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