Aveco Limited v John Joseph Ndungu Mwenja & Partners Ltd & another [2021] KEELC 2341 (KLR)
- Court
- Environment & Land Court
- Case number
- 2341
- Citation
- [2021] KEELC 2341 (KLR)
- Decided
- 22 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a default judgmentCoramL. KOMINGOI
Holding
The application for stay of execution pending appeal is dismissed with costs to the respondents
Facts
The Appellant filed an appeal against a default judgment, but the application for stay of execution was brought after a long delay.
Issues
- Whether the application for stay of execution pending appeal should be granted
- Whether the Appellant has demonstrated substantial loss if the application is not granted
Reasoning
The court found that the application was brought after a long delay and that the parties are free to litigate the issues before the lower court. The court also found that the Appellant has not demonstrated substantial loss.
Outcome
Appeal dismissed
Orders
- Application for stay of execution pending appeal dismissed
Remedies
- Costs to the respondents
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Public Auction Act
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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