Jomo Kenyatta University of Agriculture And Technology v ICEA Lion Life Assurance Company Limited & another (Civil Application E619 of 2024) [2025] KECA 1462 (KLR) (31 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1462
- Citation
- [2025] KECA 1462 (KLR)
- Decided
- 31 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for Stay of Execution of JudgmentCoramW. KARANJA, K. M'INOTI, K. ACHODE
Holding
The application is dismissed as the applicant failed to establish that the appeal is arguable and that it will be rendered nugatory if the orders sought are not granted.
Facts
Jomo Kenyatta University of Agriculture and Technology (JKUAT) sought a stay of execution of a judgment ordering it to pay Ksh. 296,000,000 in Value Added Tax (VAT) to ICEA Lion Life Assurance Company Limited (ICEA). The High Court judgment was based on a Settlement Agreement dated 30th September 2019.
Issues
- Whether the applicant's appeal is arguable.
- Whether the appeal, if successful, would be rendered nugatory if a stay of execution is not granted.
Reasoning
The court considered whether the appeal is arguable and whether the appeal, if successful, would be rendered nugatory. The court found the appeal inarguable and that the applicant did not demonstrate imminent financial hardship.
Outcome
Application dismissed
Orders
- Order dismissing the application for stay of execution
Remedies
- Award of costs to the 1st respondent only
Authorities cited
Legislation (3)
- Court of Appeal Rules, 2022
- Appellate Jurisdiction Act
- Court of Appeal Organization and Administration Act
Cases cited (1)
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 others [2013] eKLR
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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