Western Airways Limited & another v Nordic Aviation Capital (Civil Application E319 of 2024) [2025] KECA 765 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 765
- Citation
- [2025] KECA 765 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending appealCoramWANJIRU KARANJA, K. M'INOTI, P. NYAMWEYA
Holding
The Court grants a conditional stay of execution, requiring the applicants to file and serve the record of appeal within 45 days or the motion will be dismissed.
Facts
Western Airways Limited and Douglas Odhiambo applied for a stay of execution of a judgment and decree from the High Court, claiming the appeal is arguable and the respondent has no assets in Kenya.
Issues
- Whether the appeal is arguable
- Whether the respondent has assets in Kenya
Reasoning
The Court finds the appeal arguable and grants a stay, noting the applicants' delay in filing the appeal.
Outcome
Conditional stay of execution granted
Orders
- Conditional stay of execution granted
Remedies
- Applicants must file and serve the record of appeal within 45 days or the motion will be dismissed
Authorities cited
Cases cited (3)
- Judicial Commission of Inquiry into the Goldenberg Affair & 3 others v Kilach [2003] KLR 249
- Reliance Bank Ltd. v Norlake Investments Ltd. [2002] 1 EA 227
- Hashmukhlal Virchand Shah & 2 others v Investment & Mortgages Bank Ltd. [2014] 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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