PURITY GATHONI GITHAE OCEAN & ANOTHER V FRIEGHT TRANSPORT COMPANY LTD [2012] KEHC 5683 (KLR)
- Court
- High Court of Kenya
- Case number
- 5683
- Citation
- [2012] KEHC 5683 (KLR)
- Decided
- 31 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBankruptcyPostureApplication for stay of receiving order pending appealCoramA Mabeya
Holding
The application is granted, and the applicants are ordered to increase the security to Kshs. 45 million within 21 days.
Facts
A receiving order was issued against the applicants in a previous judgment. The applicants filed a bankruptcy petition and an appeal in the Court of Appeal.
Issues
- Whether to grant a stay of the receiving order pending the appeal
- The amount of security to be deposited by the applicants
Reasoning
The court balances the interests of the parties, considering the substantial loss the applicants may suffer without the stay and the safety of the respondent's judgment. The security is increased to Kshs. 45 million, with a portion deposited in an interest-bearing account.
Outcome
The application is granted in part.
Orders
- Increase the security to Kshs. 45 million within 21 days
- Transfer Kshs. 34,854,510 to an interest-bearing account in a reputable bank
- Hold the total sum of Kshs. 45 million in the joint names of the advocates for the parties until the appeal is heard
Remedies
- The costs of the application will be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Act
- Bankruptcy Act
Cases cited (1)
- E. Muiru Kamau and Another –vs- National Bank of Kenya Ltd (2009) eKLR
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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