Bruton Gold Trading LLC v Amadi t/a Amadi & Associates & 6 others (Civil Application E422 of 2023) [2024] KECA 195 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 195
- Citation
- [2024] KECA 195 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from High Court OrderCoramMumbei Ngugi, M. Gachaka, CIArb, FCIArb, S. ole Kantai
Holding
The application is dismissed with costs, with the outcome of the appeal to determine the merits of the intended appeal.
Facts
The applicant, Bruton Gold Trading LLC, seeks an injunction and stay of execution pending an intended appeal against orders issued by Hon. Mabeya J. in High Court Case No. E211 of 2023.
Issues
- Whether the applicant has failed to satisfy the second limb of the principles under rule 5(2)(b) of the Rules of this court
- Whether the application is without merit
Reasoning
The court found that the applicant failed to satisfy the second limb of the principles under rule 5(2)(b) of the Rules of this court, thus the application is without merit.
Outcome
Dismissed
Orders
- Stay of execution of the orders issued on June 9, 2023 by the hon. Mabeya J.
- Injunction restraining the 1st, 2nd and 3rd respondents or their agents from accessing, operating and/ or withdrawing funds from account numbers 01121501xxxxx and 011239xxxxx domiciled at the 7th respondent, ABC Bank, Green House Mall, Nairobi, in the name of Amadi & Associates, Advocates, and any other bank account registered to Amadi & Associates, Advocates in any other bank within the Republic of Kenya, pending hearing and determination of its intended appeal.
- Order that the intended appeal be heard expeditiously and on priority basis.
- Order staying further proceedings in High Court Civil Case No E211 of 2023 pending determination of its intended appeal
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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