GEMINIA INSURANCE COMPANY LIMITED V SEDCO CONSULTANT LIMITED [2012] KEHC 3021 (KLR)
- Court
- High Court of Kenya
- Case number
- 3021
- Citation
- [2012] KEHC 3021 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks a stay of execution of warrants of attachment issued in pursuance of a decree.CoramA. MABEYA
Holding
The Defendant's application is dismissed with costs.
Facts
The Defendant filed an application to set aside or vary a consent judgment entered on 16th April, 2010, and sought a stay of execution of the warrants of attachment issued in pursuance of that decree. The Plaintiff opposed the application.
Issues
- Whether the Defendant's application is anchored on a proper provision under the Civil Procedure Rules.
- Whether the Defendant's application should be allowed due to the delay in prosecuting the application and the lack of bona fides.
Reasoning
The application is not anchored on a proper provision under the Civil Procedure Rules. The consent judgment was passed by consent on 16th April, 2010, and a stay of 60 days was agreed upon by the parties. The Defendant has not shown good reasons to interfere with the enforcement of the decree.
Outcome
Defendant's application dismissed
Orders
- The Defendant's Notice of Motion dated 22nd June, 2012 is dismissed with costs to the Plaintiff.
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.
Loading judgment…