Kenya Revenue Authority v Transouth Conveyors Limited (Civil Application E235 of 2021) [2022] KECA 172 (KLR) (18 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 172
- Citation
- [2022] KECA 172 (KLR)
- Decided
- 18 February 2022
AI Summary
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TypeCivil ApplicationPostureApplication for stay of execution from the Judgment of the High Court of KenyaCoramJUDGE OF APPEAL, M'INOTI, JUDGE OF APPEAL, J. MOHAMMED, JUDGE OF APPEAL, S. ole KANTAI
Holding
The Court allows the Motion for stay of execution pending the intended appeal.
Facts
Kenya Revenue Authority ordered to pay USD576,751.80 and Ksh.504,274,887 to Transouth Conveyors Limited in a suit for damages. The High Court also ordered exemplary damages of Ksh.1,000,000 and costs and interest. The applicant appealed the decision.
Issues
- Whether the intended appeal is arguable
- Whether the appeal would be rendered nugatory absent stay
Reasoning
The Court finds the appeal arguable and that the appeal would be rendered nugatory if the stay is not granted. The respondent has not rebutted the applicant's contention that it may not be in a position to refund the Judgment sum if the appeal succeeded.
Outcome
The Court grants the stay of execution.
Orders
- The applicant is entitled to exercise of the Court's discretion and the Motion is allowed.
Authorities cited
Cases cited (2)
- Dennis Mogambi Mongare v Attorney General & 3 Others [2012] eKLR
- Reliance Bank Limited v Norlake Investments Limited [2002] 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.
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