DEVCON GROUP LIMITED V TIMSALES LIMITED [2009] KECA 137 (KLR)
- Court
- Court of Appeal
- Case number
- 137
- Citation
- [2009] KECA 137 (KLR)
- Decided
- 9 October 2009
The Court finds the issues of agreement to charge interest and the application of custom and usage to be non-frivolous. The Court also considers that the appeal, if successful, would not render the judgment nugatory.
Facts
The applicant (Devcon Group Limited) and the respondent (Timsales Limited) had an agreement for the supply of timber products. The respondent claimed Kshs.18,555,799.19 for goods supplied and unpaid interest. The High Court awarded the respondent this amount.
Issues
- Whether the intended appeal is arguable
- Whether the appeal, if successful, would render the judgment nugatory
Reasoning
The Court evaluates the arguability of the appeal and the potential impact of a successful appeal on the applicant's financial situation. The Court concludes that the issues are not frivolous and that a stay is not necessary to prevent the appeal from being rendered nugatory.
Outcome
The application for stay of execution is dismissed.
Orders
- The application is dismissed.
- The costs of the application abide the result of the intended appeal.
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