Roysambu Distributors Limited v Kenya Breweries Limited (Civil Application E285 of 2021) [2022] KECA 882 (KLR) (10 June 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 882
- Citation
- [2022] KECA 882 (KLR)
- Decided
- 10 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court judgmentCoramK M'INOTI, F SICHALE, S OLE KANTAI
Holding
The application is dismissed without merit.
Facts
Roysambu Distributors Limited applied for a stay of execution of the High Court judgment in HCCC No. Comm 648 of 2005, which was rendered by Majanja, J.
Issues
- Whether the appeal is arguable
- Whether the appeal would render the respondent's ability to refund the decretal amount nugatory
Reasoning
The court found that the applicant has not demonstrated an arguable appeal and that the respondent is a going concern with a high turnover and would likely be able to refund the decretal amount if the appeal succeeds.
Outcome
The application is dismissed.
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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