Sankale Ole Kantai T/A Kantai & Co. Advocates v Housing Finance Co. (K) Ltd [2014] KEHC 1463 (KLR)
- Court
- High Court of Kenya
- Case number
- 1463
- Citation
- [2014] KEHC 1463 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decreeCoramOjwang Ag.
Holding
The court granted a stay of execution pending appeal.
Facts
The Plaintiff, Sankale Ole Kantai, is a law firm, and the Defendant, Housing Finance Co. (K) Ltd, is a company. The Plaintiff applied for a stay of execution of a decree pending appeal.
Issues
- Whether the Plaintiff has established a case to enable the court to grant a stay of execution.
- Whether the Plaintiff has filed the application for stay of execution without unreasonable delay.
- Whether the Plaintiff has provided sufficient security as may ultimately be binding on him.
Reasoning
The court applied the principles from Order 42 rule 6 of the Civil Procedure Rules, considering whether substantial loss may result to the Plaintiff if the stay is not granted, and whether the application was made without unreasonable delay.
Outcome
Stay of execution granted pending appeal.
Orders
- The Plaintiff shall pay one half of the decretal sum to the Respondent within 45 days of today.
- The Plaintiff shall deposit the other half of the decretal sum in an interest-earning account in the joint names of the counsel for the Respondent and the Plaintiff within 45 days of today, to be held in such account as security for the performance of the decree that may ultimately become binding on the Plaintiff pending the appeal.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Peter Samoei vs. Issack K. Ruto (2012) e KLR
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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