Venture Holdings Limited v Waita (Civil Application E254 of 2024) [2024] KECA 1100 (KLR) (19 August 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1100
- Citation
- [2024] KECA 1100 (KLR)
- Decided
- 19 August 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of stay of execution pending appealCoramS. ole KANTAI, ALI - ARONI, L. ACHODE
Holding
The application is dismissed. The stay of execution is not granted.
Facts
Venture Holdings Limited applied for an extension of the stay of execution of the judgment entered in favor of the respondents in a consolidated suit. The respondents were awarded sums of money and were ordered to hand over vacant possession of apartments to the respondent. The applicant sought a stay of execution pending appeal.
Issues
- Whether the applicant's appeal is arguable and would be rendered nugatory without a stay of execution
- Whether the applicant has met the conditions for a stay of execution pending appeal
Reasoning
The applicant's appeal is not arguable and would not be rendered nugatory without a stay. The applicant did not meet the condition for the conditional stay and did not appeal the decision giving a conditional stay.
Outcome
Application dismissed
Orders
- Application dismissed
- No stay of execution granted
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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