Farm Africa Millys Investments Limited v Tata Africa Holdings (K) Limited [2021] KECA 896 (KLR)
- Court
- Court of Appeal
- Case number
- 896
- Citation
- [2021] KECA 896 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramW. KARANJA, HANNAH OKWENGU, D. K. MUSINGA
Holding
The Court grants an order of stay of execution on condition that the applicant provides a bank guarantee for Kshs. 30,000,000 within 30 days from the date of the judgment.
Facts
The High Court entered judgment in favor of the respondent for US$ 203,614.00 together with interest, and granted the applicant extension of time to file a notice of appeal and an order for stay of execution on condition that the applicant pays US$ 80,000 and provides a bank guarantee for Kshs. 30,000,000.
Issues
- jurisdiction of the Court to hear the application
- arguable nature of the intended appeal
- nugatory nature of the intended appeal if the orders are not granted
Reasoning
The Court found the applicant’s intended appeal to be arguable and not frivolous, but granted the order of stay with conditions to avoid the applicant being denied access to the money.
Outcome
Order of stay granted with conditions
Orders
- Order of stay of execution on condition that the applicant provides a bank guarantee for Kshs. 30,000,000 within 30 days from the date of the judgment
Remedies
- Order of stay of execution
Authorities cited
Cases cited (4)
- Patrick Kalava Kulamba & another vs Philip Kamosu & Roda Ndanu Philip [2016] eKLR
- Halai & another vs Thornton & Turpin (1963) Ltd. [1990] eKLR
- Kenya Hotel Properties Limited vs. Willeden Properties Limited [2006] UR 178/2006
- Reliance Bank Limited vs Norlake Investments Limited [2002] 1 EA 227
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…