RYCE MOTORS LIMITED V JONATHAN KIPRONO RUTO & ANOTHER [2005] KEHC 576 (KLR)
- Court
- High Court of Kenya
- Case number
- 576
- Citation
- [2005] KEHC 576 (KLR)
- Decided
- 15 August 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay pending appealCoramMARY KASANGO
Holding
The plaintiff's application for stay is granted, and the plaintiff is ordered to provide Kshs 7.5 million to the defendant's counsel within 30 days.
Facts
The plaintiff filed a claim for repairs to the defendant's vehicle, and the defendant filed a counterclaim. The Hon Justice Bosire found in favor of the plaintiff, and Hon Justice Osiemo found in favor of the defendant on the counterclaim.
Issues
- Is citation of the wrong order fatal to an application?
- Was the plaintiff's application for stay defeated by delay?
Reasoning
The court found that the plaintiff's application was not defective and that the defendant was not prejudiced by the faulty drafting of the application. The court also found that the plaintiff's delay was not inordinate.
Outcome
The plaintiff's application for stay is granted.
Orders
- The plaintiff is ordered to provide Kshs 7.5 million to the defendant's counsel within 30 days.
- The defendant's counsel is to open an interest-earning account with the provided amount in the names of the plaintiff's and defendant's advocates.
Remedies
- The plaintiff is ordered to provide Kshs 7.5 million to the defendant's counsel within 30 days.
- The defendant's counsel is to open an interest-earning account with the provided amount in the names of the plaintiff's and defendant's advocates.
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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