Rosslyn Development Limited v Bidco Oil Refineries Limited [2014] KEHC 1278 (KLR)
- Court
- High Court of Kenya
- Case number
- 1278
- Citation
- [2014] KEHC 1278 (KLR)
- Decided
- 8 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramR.E. Ougo
Holding
The court granted the application and ordered the stay of execution of the warrants of attachment and sale, the release of the attached goods to the defendant, and a stay of the inter-parte hearing.
Facts
The plaintiff, Rosslyn Development Limited, sought to stay the execution of warrants of attachment and sale against the defendant, Bidco Oil Refineries Limited, due to the defendant's pending appeal and the risk of irreparable damage to the defendant's trade tools.
Issues
- Stay of execution pending appeal
- Release of attached goods
- Stay of execution pending inter-parte hearing
Reasoning
The court found that the application was timely and that the defendant was at risk of irreparable damage to their trade tools, thus granting the stay of execution.
Outcome
Granted
Orders
- Stay of execution of warrants of attachment and sale
- Release of attached goods to the defendant
- Stay of inter-parte hearing
Remedies
- Stay of execution
- Release of goods
- Stay of hearing
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
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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