Freight In Time Ltd v Image Apparels Limited [2009] KECA 94 (KLR)
- Court
- Court of Appeal
- Case number
- 94
- Citation
- [2009] KECA 94 (KLR)
- Decided
- 16 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution in the High Court's decisionCoramE.O. O'KUBASU, E.M. GITHINJI, D.K.S. AGANYANYA
Holding
The application for stay is granted on condition that each of the directors of the applicant deposit Shs.200,000/- each within fourteen (14) days of the date hereof.
Facts
The respondent filed an application in the High Court seeking to commit the applicant's officers and directors to civil jail and to attach their property. The applicant sought a stay of those orders.
Issues
- Whether the application for contempt was filed without leave of the superior court
- Whether the superior court had jurisdiction
- Whether the order was served on all directors of the applicant
- Whether the penal notice was valid
Reasoning
The Court found that the intended appeal is not frivolous and that the application is a proper case for a conditional stay.
Outcome
The application for stay of execution is granted.
Orders
- Stay of execution of the decision pending the hearing and determination of the applicant's application and determination of the appeal from the ruling dated 3rd October, 2008
Remedies
- Each of the directors of the applicant to deposit Shs.200,000/- each within fourteen (14) days of the date hereof
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- GITHUNGURI V. JIMBA CREDIT CORPORATION LTD. (NO. 2) [1988] KLR 838
- JUDICIAL COMMISSION OF INQUIRY INTO THE GOLDENBERG AFFAIR & 3 OTHERS V. KILACH [2003] KLR 249
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…