Gladwell Wangechi Kibiru v Lord Melvin John Blackburn & 4 others [2015] KECA 634 (KLR)
- Court
- Court of Appeal
- Case number
- 634
- Citation
- [2015] KECA 634 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks a stay of execution pending the hearing and determination of her intended appeal.CoramASIKE-MAKHANDIA, W. OUKO, K. M’INOTI
Holding
The application fails and is dismissed with costs.
Facts
The 2nd respondent advanced a loan to Kibiru Emporium Ltd, and a dispute arose concerning the repayment of the loan. The dispute was referred to arbitration, but the applicant felt there was no fair hearing. The arbitrator's award was set aside, and the 2nd respondent sought enforcement of the award.
Issues
- Whether the intended appeal would be rendered nugatory if the stay of execution is denied.
- Whether the applicant has demonstrated that the 2nd respondent is incapable of repaying the amount in the event of a successful appeal.
Reasoning
The court found that the applicant has not demonstrated that the appeal would be rendered nugatory if the stay of execution is not granted. The applicant has not shown that the 2nd respondent is incapable of repaying the amount in the event of a successful appeal.
Outcome
Application dismissed with costs.
Orders
- Stay of execution of the decree is denied.
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…