Lavington Housing & Investments Limited v Yurub Investments Limited & 5 others (Civil Application E051 of 2022) [2023] KECA 286 (KLR) (17 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 286
- Citation
- [2023] KECA 286 (KLR)
- Decided
- 17 March 2023
The applicant has satisfied the principles that we consider in an application for stay of execution pending appeal. We allow prayers 2, 3, 4 and 5 of the Motion dated March 2, 2022.
Facts
The applicant Lavington Housing & Investment Limited has brought an application for stay of execution of the orders issued by the High Court of Kenya at Nairobi (Mabeya, J) given on February 21, 2022 in the High Court Commercial Case No 139 of 2018 as consolidated with Commercial Case No 451 of 2017 pending the hearing and determination of the application and an intended appeal.
Issues
- Stay of execution of the orders issued by the High Court of Kenya at Nairobi (Mabeya, J) pending the hearing and determination of the intended appeal.
- Stay of the hearing and determination of the 1st and 2nd respondents’ contempt application pending the hearing and determination of the applicant’s intended appeal.
- Stay of further proceedings in the said consolidated case pending the hearing and determination of the application.
Reasoning
The Court considered the principles applicable to stay of proceedings in civil cases and penal consequences cases, and found that the applicant has met the criteria for a stay of execution pending appeal.
Outcome
The application for stay of execution, injunction and stay of further proceedings is granted.
Orders
- Stay of execution of the orders issued by the High Court of Kenya at Nairobi (Mabeya, J) pending the hearing and determination of the intended appeal.
- Stay of the hearing and determination of the 1st and 2nd respondents’ contempt application pending the hearing and determination of the applicant’s intended appeal.
- Stay of further proceedings in the said consolidated case pending the hearing and determination of the application.
Remedies
- Costs of the Motion shall await determination of the intended appeal.
Authorities cited
Cases cited (1)
- Murungaru v Kenya Anti-Corruption Commission & Another [2006] eKLR
Loading judgment…