Marti Telecommunications Ltd v G4s Security Services (K) Limited [2015] KECA 126 (KLR)

Facts

The appellant, Marti Telecommunications Limited, sued the respondent, G4S Security Services (K) Limited, in the subordinate court for damages for breach of contract. The subordinate court awarded the respondent Kshs.426,816.03. The respondent appealed and the High Court allowed the appeal, setting aside the award and substituting a judgment in favour of the appellant for Kshs. 1,000/=. The respondent was awarded the costs of the appeal.

Issues

1. Whether the High Court erred in making an order for the deposit of the decretal amount pending the hearing of the application for stay of execution

Reasoning

The court found that the order was intended to preserve the subject matter being the proceeds of the execution pending the hearing of the application, which was lawfully pending hearing and determination before the learned Judge of the High Court.

Outcome

Appeal dismissed