Executive Committee - Kisii County & 2 others v Masosa Construction Company Ltd & another [2016] KECA 327 (KLR)
- Court
- Court of Appeal
- Case number
- 327
- Citation
- [2016] KECA 327 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending the hearing and determination of an intended appealCoramP. M. MWILU, S. GATEMBU KAIRU, A. K. MURGOR
Holding
The Court allows the application and orders a stay of execution of the ruling and order of the High Court pending the hearing and determination of the intended appeal.
Facts
The applicants were cited for contempt of court by the High Court for failing to make payment to the respondent in terms of an order of the court issued on 10th December 2014. The applicants intend to appeal this decision.
Issues
- Whether the intended appeal is arguable
- Whether the intended appeal will be rendered nugatory if the stay is not granted
Reasoning
The Court considers that the intended appeal is arguable and that the intended appeal will be rendered nugatory if the stay is not granted, thus allowing the application.
Outcome
The Court allows the application and orders a stay of execution of the ruling and order of the High Court pending the hearing and determination of the intended appeal.
Orders
- Order for a stay of execution of the ruling and order of the High Court pending the hearing and determination of the intended appeal
Remedies
- Preservation of the subject matter of the appeal in order to ensure the just and effective determination of appeals
Authorities cited
Cases cited (2)
- Ishmael Kagunyi Thande v HFCK Civil Application No Nai 157 of 2006
- Equity Bank Limited v West Link Mbo Limited Civil Application No. Nai 78 of 2011
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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