Portsmouth Holdings Limited v Kenya Railways Corporation (Environment and Land Case 7 of 2021) [2025] KEELC 7169 (KLR) (22 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7169
- Citation
- [2025] KEELC 7169 (KLR)
- Decided
- 22 October 2025
The court finds the applicant entitled only to the order for stay of the payment of the special damages, subject to depositing half of the decretal sum in a joint interest-earning account in the names of the two lawyers within 45 days from the date hereof; otherwise, the orders of stay shall lapse.
Facts
Portsmouth Holdings Limited filed an application for a stay of execution of the judgment and decree of the court delivered on 25/6/2025, pending hearing and determination of an intended appeal at the Court of Appeal. The respondent, Kenya Railways Corporation, opposed the application.
Issues
- Whether the application for a stay of execution of the judgment is valid
- What aspects of the judgment the applicant seeks to stay
- Whether the applicant has shown sufficient cause to be deprived of the fruits of its judgment
Reasoning
The court considered the usual conditions for a stay of execution and additional factors such as substantial loss and sufficient cause. The court found that the applicant did not specify what aspect of the judgment it wanted stayed and that there was no clear evidence of substantial loss.
Outcome
Application granted in part
Orders
- Order for stay of payment of special damages
- Deposit half of the decretal sum in a joint interest-earning account in the names of the two lawyers within 45 days from the date hereof
Remedies
- Stay of payment of special damages
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (3)
- James Wangalwa & Another -vs- Agnes Naliaka Cheseto [20212] eKLR
- Silverstein -vs- Chesoni [2002] 1KLR 867
- Samvir Truste
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