Pankaj v Bank of Baroda & another (Civil Application E002 of 2022) [2022] KECA 780 (KLR) (10 June 2022) (Ruling)

Facts

The applicant, Shah Rekha Vanti Pankaj, sought a stay of execution of the ruling and order of the High Court of Kenya, Mombasa Civil Case No E3 of 2020, pending hearing and determination of the intended appeal. The applicant alleged irregularities in the auction of the suit property and the subsequent failure by the High Court to grant an injunction to stop the disposition of the property.

Issues

1. Whether the applicant has met the threshold for grant of the prayers sought.
2. Whether the intended appeal is arguable and if so, whether the sale and transfer of the suit property will be completed if the appeal is not granted.

Reasoning

The court found that the applicant did not participate in the auction and has not spent any money, thus not having an arguable appeal. The court also noted that the 1st respondent has since realized its security and a third party has already purchased the suit property.

Outcome

The application for stay of execution of the ruling and order of the High Court of Kenya is dismissed.

Authorities cited