NIC Bank Kenya PLC & 2 others v William Kipkorir Arusei & another [2021] KECA 851 (KLR)
- Court
- Court of Appeal
- Case number
- 851
- Citation
- [2021] KECA 851 (KLR)
- Decided
- 19 March 2021
The application is dismissed with no orders as to costs.
Facts
The 1st applicant (NIC Bank Kenya PLC) had repossessed a motor vehicle from the 2nd respondent (Empro Electrical & Mechanical Engineers Company Limited) after the latter fell behind in repayments. The 1st applicant was directed to release the vehicle, but failed to do so, leading to the 1st applicant being denied audience. The 1st applicant sought to appeal these orders and apply for a stay of execution and proceedings.
Issues
- Whether the application for stay of proceedings and stay of execution is arguable.
- Whether the appeal is likely to be rendered nugatory.
Reasoning
The court found no substance in the application due to the lack of interest by the parties and the fact that no appeal has been lodged despite the orders being made three years ago. The court also noted that the applicants were heard and a ruling was delivered on the matter.
Outcome
Dismissed
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