City Council of Nairobi v Asistiba & another; Co-operative Bank of Kenya (Garnishee) (Civil Application E268 of 2021) [2021] KECA 116 (KLR) (22 October 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 116
- Citation
- [2021] KECA 116 (KLR)
- Decided
- 22 October 2021
The Court grants the application for a stay of execution pending the appeal, but advises against initiating parallel execution proceedings.
Facts
The City Council of Nairobi sold the respondents' property by public auction, leading to a High Court judgment declaring the sale unlawful and ordering the Council to pay Ksh. 12,000,000 to the respondents. The respondents then sought damages and an injunction, while the Council appealed the amount claimed.
Issues
- Whether the respondents are entitled to the full amount claimed or only the Ksh. 12,000,000 set out in the decree.
- Whether the Council's appeal will render the injunction nugatory if not granted.
Reasoning
The Court finds the respondents' claim arguable and grants the stay to prevent the respondents from garnishing the applicant's account held by Co-operative Bank of Kenya. The Court also advises against initiating parallel execution proceedings.
Outcome
The application for stay of execution is granted.
Orders
- Order for a stay of execution of the High Court order nisi against the Co-operative Bank of Kenya Limited.
- Advice against initiating parallel execution proceedings.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (3)
- Kennedy Wainaina Nganga vs. County Government of Nairobi and Another (2019) eKLR
- Kilimanjaro Safari Club Limited vs. Governor of Kajiado County (2014) eKLR
- Stanley Kangethe Kinyajui vs. Tony Ketter & Others (2013) eKLR
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