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Sammy Karanja v Provident Rock Investment Co Ltd [2005] KEHC 1690 (KLR)

[2005] KEHC 1690 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1690
Citation
[2005] KEHC 1690 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of the Judgment of the lower court pending the hearing and determination of the AppealCoramALNASHIR VISRAM
Holding

The application is dismissed with costs to the respondent, and the interim order is vacated.

Facts

The appellant, Sammy Karanja, applied for a stay of execution of the lower court's judgment pending the hearing and determination of the appeal. The lower court found that Karanja was not a tenant of the respondent, Provident Rock Investment Co. Ltd.

Issues

  1. Whether the applicant has demonstrated substantial loss
  2. Whether the applicant has offered any security

Reasoning

The court found that the applicant did not demonstrate substantial loss and did not offer any security, thus failing to meet the conditions outlined in Order 41 Rule 4.

Outcome

Dismissed

Orders

  • Interim order is vacated
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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