GEOFFREY (MAN ASANYO) & ANOTHER v NATIONAL BANK OF KENYA LTD [1999] KEHC 58 (KLR)
- Court
- High Court of Kenya
- Case number
- 58
- Citation
- [1999] KEHC 58 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trialCoramD. M. Rimita, Mitei, The
Holding
The application for a stay of execution of the orders pending the hearing and final determination of the appeal is allowed.
Facts
The plaintiffs/applicants sought a stay of execution of the orders pending the hearing and final determination of their appeal against the defendant's decision to exercise its right and power of sale.
Issues
- Right of appeal
- Stay of execution pending appeal
Reasoning
The court found that the plaintiffs had a right of appeal and wished to appeal, thus the proceedings were not concluded. The court granted the stay as there were no good reasons or conditions set out under Order XLI r.4 of the Civil Procedure Rules.
Outcome
The application for a stay of execution of the orders pending the hearing and final determination of the appeal is allowed.
Orders
- Orders in terms of prayer 2 of the application dated 1st December, 1997. Application be served for hearing on 16/12/97.
Remedies
- Costs will be in the intended appeal.
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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