Shah v Azim Sameja t/a Business 2000 & another (Civil Application E426 of 2022) [2023] KECA 368 (KLR) (31 March 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 368
- Citation
- [2023] KECA 368 (KLR)
- Decided
- 31 March 2023
The application for stay of sale and/or auction of the property pending the hearing and determination of the applicant's intended appeal has merit.
Facts
The applicant filed objection proceedings in Nairobi High Court Civil Case No 689 of 2001 seeking to revoke attachment orders issued in respect of the suit property. The attachment orders had been issued in execution of the judgment in that matter. The applicant's application was dismissed, and the 1st respondent was allowed to dispose of the suit property.
Issues
- Whether the applicant's intended appeal is arguable with high prospects of success
- Whether the 1st respondent will be prejudiced by orders of stay of execution
Reasoning
The applicant is correct that the stay order is not meant to reverse the existing attachment of the suit property. The 1st respondent will not lose sight of the property as it is already attached, and no prejudice can occur.
Outcome
The application is granted.
Orders
- Leave is granted to the applicant to appeal against the ruling of the superior court
- There is a stay of sale and/or auction of the property pending the hearing and determination of the applicant's intended appeal
- The costs of this application abide the outcome of the appeal
Remedies
- Stay of sale and/or auction of the property
- Leave to appeal granted
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