Basco Products (K) Limited v Sarah Karura & 2 others [2016] KEHC 753 (KLR)
- Court
- High Court of Kenya
- Case number
- 753
- Citation
- [2016] KEHC 753 (KLR)
- Decided
- 20 December 2016
The motion is granted with the condition that the appellant deposits the decretal sum of Kshs 243,900 in an interest earning account in the joint names of learned counsels and or the firms of the advocates within 30 days. In default, the motion will be treated as having been dismissed.
Facts
On June 23, 2008, Moses Kanja Curu, deceased, was injured in a road traffic accident. The respondents filed a compensatory suit against Basco Products (K) Limited and Hashim Barbeque. The suit was won by the respondents in the sum of Ksh.243,900.
Issues
- Whether the appellant would suffer substantial loss if the order for stay is denied
- Whether the application for stay of execution pending appeal was filed without unreasonable delay
Reasoning
The court considered the principles stated under Order 42 Rule 2(2) of the Civil Procedure Rules and found that the appellant would suffer substantial loss if the order for stay is denied.
Outcome
Appeal granted with conditions
Orders
- Order for stay pending appeal on condition that the appellant deposits the decretal sum of Kshs 243,900 in an interest earning account in the joint names of learned counsels and or the firms of the advocates within 30 days
Remedies
- Deposit of decretal sum in an interest earning account
Authorities cited
Legislation (1)
- Civil Procedure Rules
Loading judgment…