Suntra Investment Bank Limited v Nicholas William Bentley-Buckle & Deborah Mary Bentley-Buckle (Suing in their capacity as executors of the estate of Anthony William Bentley-Buckle (Deceased) & another [2020] KECA 691 (KLR)
- Court
- Court of Appeal
- Case number
- 691
- Citation
- [2020] KECA 691 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of a judgment pending appealCoramKaran, Kasango, Sichaile, W. Karan
Holding
The application for stay of execution is granted, and the judgment is not enforced pending the appeal.
Facts
The High Court judgment ordered the 1st and 2nd respondents to restore 99,100 East African Breweries Shares to the Plaintiffs and pay general damages of Ksh.10 million with interest and costs.
Issues
- arguability of the appeal
- nugatory aspect of the judgment
Reasoning
The court held that the amended judgment is just an attachment to a letter and does not form part of the application. The court also considered the arguability and nugatory aspects of the appeal.
Outcome
Application granted
Orders
- Stay of execution of the High Court judgment pending appeal
Remedies
- None
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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