County Government of Mombasa v Blueshield Insurance Company [2020] KECA 26 (KLR)
- Court
- Court of Appeal
- Case number
- 26
- Citation
- [2020] KECA 26 (KLR)
- Decided
- 4 December 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of garnishee order pending appealCoramASIKE-MAKHANDIA, F. SICHALE, J. MOHAMMED
Holding
The application for stay of execution of the garnishee order is allowed.
Facts
County Government of Mombasa sought to contest whether it can be a subject of garnishee proceedings and argued that the appeal will render the garnishee order nugatory due to the respondent's statutory management.
Issues
- Whether the County Government of Mombasa can be a subject of garnishee proceedings.
- Whether the intended appeal will render the garnishee order nugatory.
Reasoning
The Court considered the principles guiding Rule 5(2)(b) applications and found that the applicant has an arguable appeal which may be rendered nugatory unless the orders sought are granted.
Outcome
The application is allowed.
Orders
- The Notice of Motion dated 8th June, 2020 is allowed.
- Costs of the motion shall be in the intended appeal.
Authorities cited
Cases cited (1)
- Stanley Kang’ethe Kinyanjui vs. Tony Keter & 5 Others [2013] eKLR
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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