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Neptune Credit Management Limited & another v Equity Bank Limited [2014] KECA 162 (KLR)

[2014] KECA 162 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
162
Citation
[2014] KECA 162 (KLR)
Decided
19 December 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of the ruling and order of the High CourtCoramR. N. NAMBUYE
Holding

The application is certified as urgent, and the interim reprieve granted by the High Court has lapsed.

Facts

The applicants were given a temporary reprieve by the High Court, but this reprieve has lapsed. There is a threat of attachment of the applicants' property and possible incarceration for contempt of Court orders.

Issues

  1. Whether the court should grant or withhold the relief sought by the applicants.
  2. Whether the applicants are deserving of the court's indulgence given their conduct in pursuing remedies in two parallel courts.

Reasoning

The court found that the applicants have a genuine concern and cause has been shown for the court to reverse its previous order and grant the application as urgent.

Outcome

The application is certified as urgent.

Orders

  • The applicants' application pending hearing is certified as urgent.

Authorities cited

Cases cited (3)
  • Rev. Jackson Kipkemboi Koskey and 7 Others v. Rev. Samuel Muriithi Njogu [2007] eKLR
  • Diamond Husham Lalji and Another v. Attorney General and 4 Others [2014] eKLR
  • Nishith Yogendra Patel (the legal representative of the deceased) Yogendra Purshottam Patel v. Pascale Mireille Baksh (nee Patel) and Another CA Nai 264 of 2007 (UR)
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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