Westlands Triangle Properties Limited v Westlands Sundries Limited & 2 others [2010] KECA 404 (KLR)
- Court
- Court of Appeal
- Case number
- 404
- Citation
- [2010] KECA 404 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for restoration of civil applicationCoramS.E.O. BOSIRE, E.O. O’KUBASU, J.G. NYAMU
Holding
The application for restoration of the applicant's application for appeal is granted.
Facts
The applicant was the plaintiff in a civil case in the superior court's Environmental and Land Law Division. The applicant filed an appeal against the decision of the Honorable Lady Justice R. N. Sitati, but the application was dismissed.
Issues
- Restoration of the applicant's application for appeal
- Stay of execution and proceedings pending hearing
- Status quo to be maintained
Reasoning
The court finds that the applicant has an arguable appeal and that the status quo should be maintained pending the hearing of the appeal.
Outcome
The application for restoration of the applicant's application for appeal is granted.
Orders
- The applicant's application under Rule 5 (2) (b) dated 10th March, 2009 is restored to hearing for hearing and determination inter partes.
- Pending the hearing and determination of the application dated 10th March, 2009, the parties shall observe the status quo obtaining on the 12th October, 2009.
- The costs of this application be in the appeal.
Remedies
- Stay of execution and proceedings pending hearing of the appeal
- Status quo maintained
Authorities cited
Legislation (1)
- Court of Appeal Rules
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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