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Yalfa Cargo Handling Limited v Sinoven International Group Limited & another (Civil Appeal (Application) E113 of 2023) [2024] KECA 731 (KLR) (21 June 2024) (Ruling)

[2024] KECA 731 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
731
Citation
[2024] KECA 731 (KLR)
Decided
21 June 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for Stay of Execution of Judgment and OrdersCoramA. K. MURGOR, DR. K. I. LAIBUTA, G. V. ODUNGA
Holding

The application for stay of execution and proceedings is granted.

Facts

Respondents filed a suit against the applicant for breach of contract and payment of USD 948,626.40. The trial court entered partial judgment in favor of respondents totaling USD 570,346.63, and a final judgment for USD 378,328.77 against the applicant.

Issues

  1. Stay of execution of the final judgment pending appeal
  2. Stay of proceedings in the original case pending appeal

Reasoning

The court found that the applicant has shown the threshold requirements for the stay of execution and that the intended appeal is arguable.

Outcome

The application is granted.

Orders

  • Stay of execution of the final judgment pending appeal
  • Stay of proceedings in the original case pending appeal

Remedies

  • Costs in the 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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