Willesden Investments Limited v Kenya Hotel Properties Limited [2019] KECA 62 (KLR)
- Court
- Court of Appeal
- Case number
- 62
- Citation
- [2019] KECA 62 (KLR)
Application for the release of Bank Guarantee No. DBK/200/030 is dismissed and the release is stayed pending hearing and determination of Kenya Hotel's application for review in CA No. 149 of 2007 and the hearing and determination of CA No. 404 of 2018.
Facts
Willesden Investments Limited filed an application for the release of a Bank Guarantee No. DBK/200/030, which was opposed by Kenya Hotel Properties Limited. Willesden claimed to be the successful party in a previous judgment, while Kenya Hotel argued against the release due to pending court processes.
Issues
- Release of Bank Guarantee No. DBK/200/030
- Review of pending court processes
Reasoning
Both parties' concerns were not controverted by Willesden, and the outcome of the pending court processes will impact the release of the guarantee.
Outcome
Application dismissed, release of Bank Guarantee No. DBK/200/030 stayed
Orders
- Application dated 7th March, 2018 is dismissed.
- Order is granted to stay the release of the original security Bond/Bank guarantee No DBK2007/030 pending hearing and determination of application for review in CA No. 149 of 2007 and the hearing and determination of CA No. 404 of 2018.
Remedies
- Each party to bear own costs.
Authorities cited
Cases cited (1)
- Butt versus Rent Restriction Tribunal [1982] KLR 417
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