Bell Estate Agency Limited & another v Sifa Towers Management Limited (Civil Application E124 of 2021) [2022] KECA 95 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 95
- Citation
- [2022] KECA 95 (KLR)
- Decided
- 4 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of judgment and/or decreeCoramJUDGE OF APPEAL, R. N. NAMBUYE, JUDGE OF APPEAL, W. KARANJA, JUDGE OF APPEAL, J. MOHAMMED
Holding
The notice of motion dated 23rd April, 2021 is hereby dismissed with costs to the respondent.
Facts
Bell Estate Agency Limited and Sifa Insurance Brokers Limited applied for a stay of execution of the judgment and decree in H.C.C.C. No. 439 of 2017, which ordered them to pay Kshs 8,757,815 in service charge to Sifa Towers Management Limited. The applicants argued that the appeal raises arguable points of law and facts with a likelihood of success.
Issues
- Whether the appeal is arguable
- Whether the appeal would be rendered nugatory if successful
Reasoning
The Court found the appeal arguable but dismissed it as the applicants did not satisfy the second requirement of Rule 5(2)(b) of the Court of Appeal Rules, which requires that the appeal would not be rendered nugatory if successful.
Outcome
Dismissed
Authorities cited
Cases cited (2)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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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