China Wu Yi Co Ltd v Belgo Holdings Ltd (Civil Application E239 of 2021) [2023] KECA 190 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 190
- Citation
- [2023] KECA 190 (KLR)
- Decided
- 17 February 2023
The court grants the applicant's application for stay of execution of the consent orders recorded in ELC Suit No. 362 of 2017 on 16th and June 22, 2017.
Facts
Applicant and respondent recorded consent orders in ELC Suit No. 362 of 2017, which were later challenged by applicant in an application to set aside the orders. The respondent opposed the application and dismissed it, ruling that the applicant's previous advocates had authority to enter into the consent orders.
Issues
- Stay of execution of consent orders
- Stay of proceedings pending appeal
Reasoning
The court finds that the applicant's previous advocates had ostensible authority to enter into the consent orders and that the orders sought in regards to ELCC No. 454 of 2012 could not issue because what was before the court was not an application for stay of the judgment in that suit.
Outcome
Granted
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