KSC International Limited (Under Receivership) & 3 others v Gichuki King’ara & Co. Advocates [2019] KECA 703 (KLR)
- Court
- Court of Appeal
- Case number
- 703
- Citation
- [2019] KECA 703 (KLR)
- Decided
- 7 June 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of further proceedings pending the hearing and determination of an intended appealCoramH. M. OKWENGU, D. K. MUSINGA, S. GATEMBU KAIRU, FCIArb
Holding
Orders granting a stay of proceedings in Nairobi High Court Miscellaneous Application numbers 294, 295 and 297 of 2017 pending the hearing and final determination of the applicants' appeal.
Facts
The applicants sought a stay of further proceedings in Nairobi High Court Miscellaneous Application numbers 294, 295 and 297 of 2017, pending the hearing and final determination of their appeal against the High Court's ruling on 12th June 2018.
Issues
- Stay of proceedings pending appeal
- Prejudice to applicants if proceedings continue
Reasoning
The court found that the applicants had satisfied the conditions for granting the stay order and that it was fair and just to issue the stay, given the risk of prejudicing the applicants if proceedings continued.
Outcome
Stay of proceedings granted
Orders
- Stay of proceedings pending appeal
- Appropriate proceedings to be availed to applicants for filing the appeal
- Appeal to be filed within 60 days from today
Remedies
- Stay of proceedings
- Appropriate proceedings for filing the appeal
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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