DEV. PAK STATIONERS v ABICHEM AGENCIES LTD [2007] KEHC 3063 (KLR)
- Court
- High Court of Kenya
- Case number
- 3063
- Citation
- [2007] KEHC 3063 (KLR)
- Decided
- 23 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks stay of execution and further proceedings pending hearing and determination of the application.CoramR. NAMBUYE
Holding
Application dismissed with costs.
Facts
Applicant's counsel was absent due to a sick daughter, and ex parte proceedings were held. Judgment was given and execution process was in motion. No appeal was filed.
Issues
- Jurisdiction to grant stay of execution
- Proper procedure for seeking stay
Reasoning
Application lacks legal basis as it was filed before an appeal was filed, and there is no provision for stay in the first instance in the court appealed from. The court dismissed the application.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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.
Loading judgment…