Chuma Fabricators Limited v Accrow Supplies Limited [2013] KEHC 550 (KLR)
- Court
- High Court of Kenya
- Case number
- 550
- Citation
- [2013] KEHC 550 (KLR)
- Decided
- 20 December 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from original trialCoramJ. B. HAVELOCK
Holding
The application is dismissed with costs to the Decree Holder.
Facts
Chuma Fabricators Limited and Accrow Supplies Limited had a business relationship for many years. Accrow Supplies Limited entered into a gentleman agreement with Chuma Fabricators Limited for the supply of steel for fencing in Muthaiga and Machakos. A balance of Kshs. 912,826 remained unpaid. Accrow Supplies Limited increased the balance to Kshs. 4,017,879.30 and filed a suit. The court granted an order for Kshs. 1,482,628.30 inclusive of costs.
Issues
- Stay of execution pending hearing of the application
- Set aside the Orders and Warrants of Attachment
Reasoning
The court dismissed the application as the Judgement Debtor did not follow the correct procedure for a stay of execution and the offer to pay the decretal amount was unreasonable.
Outcome
Appeal dismissed
Orders
- Dismissal of the Judgement Debtor's Notice of Motion with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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