TM-AM CONSTRUCTION GROUP (AFRICA) v COUNTY COUNCIL OF MURANGA [2008] KEHC 3777 (KLR)
- Court
- High Court of Kenya
- Case number
- 3777
- Citation
- [2008] KEHC 3777 (KLR)
The court grants a stay of execution of the ruling pending the hearing and determination of the appeal, but with the condition that the plaintiff pays Kshs.4.5 million which shall be deposited in an interest-earning account to be held jointly by advocates for the plaintiff and the respondent pending the hearing and determination of the appeal. If the plaintiff fails to make the deposit within 21 days, the stay granted shall lapse.
Facts
TM-AM Construction Group (Africa) filed an appeal in Court of Appeal and the County Council of Muranga impounded two M Graders (No.KW 9034 and KRW 125) belonging to the plaintiff.
Issues
- Whether the plaintiff has an arguable appeal
- Whether the impoundment of the graders will cause substantial loss to the plaintiff
- Whether the plaintiff should provide security for any order that may be binding on him
Reasoning
The court considers the grounds for the application and the conditions for granting a stay, including the arguable nature of the appeal, the potential loss to the plaintiff, and the need for security.
Outcome
The court grants the stay of execution of the ruling pending the hearing and determination of the appeal.
Orders
- Stay of execution of the ruling pending the hearing and determination of the appeal
- The impounded properties (two M Graders) shall be preserved or returned to the applicant pending the hearing of this application
- The plaintiff shall pay Kshs.4.5 million which shall be deposited in an interest-earning account to be held jointly by advocates for the plaintiff and the respondent pending the hearing and determination of the appeal
Remedies
- Stay of execution of the ruling pending the hearing and determination of the appeal
- Preservation or return of the impounded properties pending the hearing of this application
- Payment of Kshs.4.5 million as security
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order XLI Rule 4
- Order L Rule 1
Loading judgment…