Fidelity Commercial Bank Ltd v Shah & 3 others (Civil Application E038 of 2022) [2023] KECA 72 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 72
- Citation
- [2023] KECA 72 (KLR)
- Decided
- 3 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of execution of judgment pending appealCoramSG Kairu, P Nyamweya, JW Lessit
Holding
The application is dismissed with costs to the 1st, 2nd, and 4th respondents.
Facts
The 1st and 2nd respondents guaranteed a loan to Mahek Limited, secured by a charge over land. Mahek Ltd defaulted, and the applicant sought to realize the security. The 1st and 2nd respondents approached financiers and requested a loan statement, discovering anomalies. The applicant auctioned the property, and the 1st and 2nd respondents sued for a permanent injunction and discharge of the charge.
Issues
- Whether the appeal will be rendered nugatory if the stay of execution is not granted.
- Whether the orders sought to be stayed have already been overtaken by events.
Reasoning
The court found that the orders sought to be stayed have already been executed, and thus, the application has no merit.
Outcome
Dismissed
Authorities cited
Cases cited (3)
- Regnoil Kenya Ltd v Wilfred Njeri Karanja [2019] eKLR
- Mistry Premji Kanji (Investments) Ltd v Kenya National Highways Authority Mombasa Civil Application 40 of 2017
- Municipal Council of Kitale v Nathan Fedha, Nairobi Civil Appeal No 7 of 1983
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.
Loading judgment…