Simon Chege Wambiri & another v Newday Motors Ltd [2016] KEHC 7997 (KLR)
- Court
- High Court of Kenya
- Case number
- 7997
- Citation
- [2016] KEHC 7997 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a ruling in an interlocutory applicationCoramB. Thurana Jaden
Holding
The application for stay of execution is dismissed with costs
Facts
A sale agreement was made between Simon Chege Wambiri and Newday Motors Ltd for the sale of two Toyota Hilux D/Cab motor vehicles. A dispute arose over who was to pay customs duty for the vehicles to be cleared from the port.
Issues
- Whether the execution of the orders made by the Magistrate's Court should be stayed pending the appeal
- Whether the applicants will suffer substantial loss if the lower court's orders are not stayed
Reasoning
The court finds no merit in the application and holds that the applicants will not suffer substantial loss if the lower court's orders are not stayed.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Absalom Dove vs. Tarbo Transporters [2013] eKLR
- Kenya Shell Limited vs. Benjamin Karuga Kigibu & Ruth Wairimu Karuga (1982-1988)l KAR 1018
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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