Teresia Kimani v Githere Investment Ltd [2004] KEHC 1616 (KLR)
- Court
- High Court of Kenya
- Case number
- 1616
- Citation
- [2004] KEHC 1616 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of the Judgment of the Business Premises Tribunal pending the hearing and determination of the appeal.CoramALNASHIR VISRAM
Holding
The Appellant's application for stay of execution of the Judgment of the Business Premises Tribunal is dismissed with costs to the Respondent.
Facts
The Business Premises Tribunal ordered the Appellant to vacate the suit premises by February 28, 2004. The Appellant filed applications for stay of execution of the judgment, but the first application was struck out as being incompetently before the Court, and the second application was made three months after the judgment was read.
Issues
- Whether the Appellant has demonstrated substantial loss if the order of stay is not granted.
- Whether the Appellant has filed the application without undue delay.
- Whether the Appellant has offered security as may be ordered.
Reasoning
The Court found that the Appellant has not satisfied the conditions for stay outlined in Order 41 Rule 4. There is no evidence of substantial loss demonstrated in this application, and the Appellant has not offered security.
Outcome
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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