SIAYA SUPERMARKET LIMITED vs BADBONE CLARK KENYA LTD. [2002] KEHC 844 (KLR)
- Court
- High Court of Kenya
- Case number
- 844
- Citation
- [2002] KEHC 844 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution in the lower courtCoramD.K.S. AGANYANYA
Holding
The application for stay of execution is dismissed with costs
Facts
The appellant seeks to be heard in the lower court and to have the stay of execution granted, but has not annexed a draft defence or provided evidence of substantial loss or the respondent's inability to refund the decretal sum.
Issues
- Whether the applicant has a good case to be heard in the lower court
- Whether the applicant has demonstrated substantial loss if the stay is not granted
- Whether the respondent is the kind of litigant who will not refund the decretal sum if the appeal succeeds
Reasoning
The court found the application unsuitable and lacked evidence of substantial loss or the respondent's inability to refund the decretal sum.
Outcome
Dismissed
Orders
- Application for stay of execution dismissed
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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