Flavemart Enterprises Limited v Kenya Railways Corporation (Civil Application 50 of 2020) [2021] KECA 334 (KLR) (17 December 2021) (Ruling)
- Court
- Court of Appeal
- Case number
- 334
- Citation
- [2021] KECA 334 (KLR)
- Decided
- 17 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureRespondent seeks to strike out the notice of appealCoramJUDGE OF APPEAL, MOHAMMED, Olao, Ombwayo
Holding
The application is properly laid before the court and the intended appeal is arguable.
Facts
Flavemart Enterprises Limited seeks a stay of a decree of the High Court pending the lodging, hearing and determination of an intended appeal.
Issues
- Ownership of the suit property
- Arguability of the appeal
Reasoning
The court considers the jurisdiction under Rule 5(2)(b) of the Court of Appeal Rules discretionary and guided by the interests of justice. The court finds the application properly laid and the appeal arguable.
Outcome
The application is granted.
Orders
- Stay of execution pending the lodging, hearing and determination of the intended appeal
Remedies
- Stay of execution
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (2)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 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.
Loading judgment…