Paul Odhiambo Edward Gondi v National Bank of Kenya Ltd [2006] KECA 226 (KLR)
- Court
- Court of Appeal
- Case number
- 226
- Citation
- [2006] KECA 226 (KLR)
- Decided
- 26 May 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and injunction pending an appealCoramS.E.O. BOSIRE, P. N. WAKI, W. S. DEVERELL
Holding
The application for stay of execution and injunction is allowed.
Facts
Paul Odhiambo Edward Gondi filed a suit against the National Bank of Kenya Ltd. The Bank filed a counterclaim, but the judge did not consider it in his judgment. Gondi was ordered to pay the Bank Shs. 393,537.20 and Shs. 4,150,000.
Issues
- The appeal is not frivolous.
- The appeal will be rendered nugatory if no stay and injunction are granted.
Reasoning
The court considers that the appeal is arguable and that the applicant's business standing is likely to suffer if the appeal is not granted.
Outcome
The application is granted.
Orders
- Execution of the Decree of the Hon. Mr. Justice Emukule J. dated 13th April 2005 in H.C.C.C. No 1938 of 2000 be and is hereby stayed pending the hearing and final determination of Nairobi Civil Appeal No. 271 of 2005.
- An injunction be and is hereby issued restraining the National Bank of Kenya Limited, whether by itself or its servants or agents, or advocates or auctioneers or any of them from advertising for sale, selling by public auction or private treaty or otherwise the applicant’s property known as L.R. Nakuru Municipality Block 5/169 Nakuru Town pending the hearing and final determination of Nairobi Civil Appeal No. 271 of 2005.
Remedies
- Stay of execution of the judgment and decree.
- Injunction to prevent the sale of the applicant's property.
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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