Rosewa Agencies Limited v Ruiru-Juja Water & Sewerage Co. Ltd & another (Environment & Land Case 251 of 2018) [2024] KEELC 3998 (KLR) (16 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3998
- Citation
- [2024] KEELC 3998 (KLR)
- Decided
- 16 May 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeExecution of Warrants of AttachmentPostureApplication for stay of execution of warrants of attachmentCoramJG KEMEI
Holding
The Application is dismissed with costs.
Facts
The 1st Defendant/Applicant sought to stay execution of warrants of attachment dated 29/1/2024, pending the hearing and determination of a Reference challenging the Taxing Master's decision on taxed costs.
Issues
- Whether the Court should grant a stay of execution of the warrants dated 29/1/2024
- Whether the Court should strike out the application with costs
Reasoning
The Applicants failed to file a Reference within the prescribed timelines, and the Application is therefore deemed untenable. The Court also found that the Application does not establish substantial loss.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Advocates Remuneration Order
Cases cited (3)
- Constantious Wambu Migwi Vs. Gichugu Water Sanitisation Trust & Anor. [2014] eKLR
- Twiga Motor Limited Vs. Hon. Dalmas Otieno Onyango [2015] eKLR
- James Wangalwa & Another Vs. Agnes Naliaka Cheseto [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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