CHESILYOT ENTERPRISES LTD v CO-OPERATIVE BANK (K) LTD [2008] KEHC 2054 (KLR)
- Court
- High Court of Kenya
- Case number
- 2054
- Citation
- [2008] KEHC 2054 (KLR)
- Decided
- 23 June 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous ruling, applications for stay of proceedingsCoramLESIIT, J., LESIIT, Visram
Holding
The court finds that the applications are not merited and should not succeed, and dismisses both applications with costs to the Plaintiff.
Facts
The Plaintiff (Chesilyot Enterprises Ltd) had withdrawn their suit in 1998, but the Defendant (Co-operative Bank (K) Ltd) and Third Party (Kenya National Trading Corporation Ltd) sought to stay the court's ruling reinstating the Plaintiff's suit.
Issues
- Whether the appeal will render the court's ruling nugatory.
- Whether the Defendant and Third Party will be prejudiced, inconvenienced, and suffer substantial and irreparable loss if the appeal is not stayed.
Reasoning
The court is persuaded that the appeal will not be rendered nugatory and that the proceedings should not be stayed.
Outcome
Dismissed both applications with costs to the Plaintiff.
Orders
- Dismissal of both applications with costs to the Plaintiff.
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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