Case Trading Company Limited v Vishak Builders Limited & another [2013] KECA 338 (KLR)
- Court
- Court of Appeal
- Case number
- 338
- Citation
- [2013] KECA 338 (KLR)
- Decided
- 19 April 2013
The court declined to grant an order for stay of execution and stay of proceedings pending the filing and final determination of the intended appeal.
Facts
The 1st respondent filed a suit in the High Court against the applicant for breach of contract, alleging that the applicant failed to pay costs as and when they fell due under an agreement. The 1st respondent claimed KShs.17,940,979.81, together with interest, for breach of contract. The applicant filed a defence and counterclaim.
Issues
- Whether there was a breach of contract as alleged
- Whether injunctive orders could issue in this matter
- Whether security for the claim could issue
Reasoning
The court held that the intended appeal is arguable but has not been rendered nugatory by the applicant's failure to demonstrate that the appeal will be rendered nugatory if the application is dismissed.
Outcome
Application dismissed with costs to the 1st respondent.
Orders
- Order for stay of execution and stay of proceedings pending the filing and final determination of the intended appeal declined
Remedies
- Costs to the 1st respondent
Authorities cited
Cases cited (2)
- RELIANCE BANK LTD V NORLAKE INVESTMENTS LIMITED
- ORARO AND RACHIER ADVOCATES V CO-OPERATIVE BANK OF KENYA LIMITED
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