Farnades v Comoco Savings and Credit Cooperative Society Limited (Tribunal Case 288/E038 of 2023) [2025] KECOPT 454 (KLR) (Civ) (28 August 2025) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 454
- Citation
- [2025] KECOPT 454 (KLR)
- Decided
- 28 August 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court judgmentCoramGikonyo
Holding
The application for a stay of execution is dismissed with costs to the Decree Holder.
Facts
The Decree Holder (Farnades) filed a suit against the Judgment Debtor (Comoco Savings and Credit Cooperative Society Limited) after the Judgment Debtor began facing financial challenges. The Decree Holder claimed a debt, and a default judgment was entered in their favor. The Judgment Debtor sought a stay of execution of the decree pending the sale of its building known as COMOCO Plaza.
Issues
- Whether the Judgment Debtor is entitled to a stay of execution of the decree pending the sale of its building.
- Whether the Judgment Debtor will suffer substantial loss if the stay is not granted.
Reasoning
The court found that the application was not delayed, and the judgment debtor did not suffer substantial loss. The court could not grant a stay pending uncertain events.
Outcome
The application is dismissed.
Orders
- Notice of Motion Application dated 7th March 2024 is hereby dismissed with costs to the Decree Holder.
Authorities cited
Cases cited (1)
- James Wangalwa & another v Agnes Naliaka Cheseto Misc Application No 42 of 2011 [2012] 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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