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Basco Products (K) Limited v Sarah Karura & 2 others [2016] KEHC 753 (KLR)

[2016] KEHC 753 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
753
Citation
[2016] KEHC 753 (KLR)
Decided
20 December 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution pending appealCoramJ. K. SERGON
Holding

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

  1. Whether the appellant would suffer substantial loss if the order for stay is denied
  2. 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
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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