Equip Agencies Ltd v Mbaki Agric Inputs Ltd [2004] KECA 75 (KLR)
- Court
- Court of Appeal
- Case number
- 75
- Citation
- [2004] KECA 75 (KLR)
- Decided
- 23 December 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for Stay of Execution of the Ruling and Orders of the High CourtCoramE.O. O’KUBASU, E.M. GITHINJI
Holding
The Court allows the application for stay as prayed in the Notice of Motion dated 1st December, 2004.
Facts
The respondent filed an application in the High Court, which was subsequently ruled upon by Kasango J. on November 24, 2004. The applicant, Equip Agencies Ltd., seeks a stay of the ruling and orders of the High Court pending an appeal.
Issues
- Whether the provisions of Order XXXVIII were applicable to the circumstances of the case.
- Whether the operations of the applicant would be crippled while the respondent does not have a judgment against it.
Reasoning
The Court has jurisdiction to grant an injunction or make an order for a stay on such terms as the Court may think just. The applicant must show that the intended appeal is not frivolous and that the appeal, if successful, would not be rendered nugatory.
Outcome
The application for stay is granted.
Orders
- Stay of the ruling and orders of the High Court pending the filing of the Applicant’s intended Appeal against the said ruling and/or orders and the hearing and determination thereof.
- Costs of the application shall be in 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.
Loading judgment…