KING PRIME INTERNATIONAL LTD & ANOTHER v MUMBO AUCTION SERVICES & ANOTHER [2008] KEHC 3878 (KLR)
- Court
- High Court of Kenya
- Case number
- 3878
- Citation
- [2008] KEHC 3878 (KLR)
- Decided
- 24 April 2008
The court grants an order for stay of execution pending appeal and issues a temporary injunction restraining the respondents from selling or disposing of the appellants' property attached on or about 6th June, 2007 pending the hearing and determination of the appeal.
Facts
The 1st applicant, King Prime International Limited, and the 2nd applicant, James Mwaura, sought to restrain Mumbo Auction Services and Kenya Railways Corporation from selling or disposing of goods attached by Mumbo Auction Services in distress for rent, including a Toyota Landcruiser. The applicants were tenants of the 2nd respondent and claimed the distress for rent was wrongful and irregular.
Issues
- Legality of distress for rent
- Relationship between 1st and 2nd applicants
- Ownership of the Toyota Landcruiser
Reasoning
The court finds sufficient cause to justify granting the order for stay of execution due to the substantial loss the applicants may suffer if the order is not granted and the application was made timeously.
Outcome
Appeal granted
Orders
- Order for stay of execution pending appeal
- Temporary injunction restraining respondents from selling or disposing of appellants' property
Remedies
- Stay of execution pending appeal
- Temporary injunction
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- H.C.C.C. No.214 of 1997 (Msa) Malindi Air Services Ltd Vs Prestige Air Service
- HCCC. (Milimani) No.1753 of 2001
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