BATA SHOE CO. (K) LIMITED v ANTONY KAKA NANDOYA [2008] KEHC 2425 (KLR)
- Court
- High Court of Kenya
- Case number
- 2425
- Citation
- [2008] KEHC 2425 (KLR)
- Decided
- 13 June 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of judgment pending appeal.CoramH. M. OKWENGU
Holding
Appellant's application for stay of execution is granted with conditions.
Facts
Appellant Bata Shoe Co. (K) Ltd moved the court for a stay of execution of a judgment in favor of respondent Antony Kakha Nandoya, claiming the respondent's means and assets are unknown and he may not have the capacity to refund the decretal sum.
Issues
- Stay of execution pending appeal
- Capacity of respondent to refund decretal sum
Reasoning
Court grants stay of execution due to appellant's concerns about respondent's means and assets, and the appellant's prompt filing of the appeal.
Outcome
Appellant's application granted.
Orders
- Decretal sum deposited in interest-earning account in joint names of parties' advocates
- Money to be deposited within 7 days
- Appellant to file and serve a memorandum of appeal within 90 days
- Orders for stay of execution to lapse within 12 months unless extended
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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