Nyanza Spinning & Weaving Mills Limited v Credit Bank Limited & 2 others [2016] KEHC 8578 (KLR)
- Court
- High Court of Kenya
- Case number
- 8578
- Citation
- [2016] KEHC 8578 (KLR)
- Decided
- 27 May 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a stay of proceedings orderCoramC. KARIUKI
Holding
The court dismisses the application and orders the Plaintiff to bear the costs.
Facts
The Plaintiff filed a suit against the Defendants alleging vandalism of its plant and machinery. The Defendants appealed the ruling, and the Plaintiff filed an application for a stay of proceedings pending the appeal.
Issues
- Whether the Applicant has met the threshold for grant of stay of proceedings pending appeal
- Whether the application was filed expeditiously
Reasoning
The court finds that the applicant has not established a prima facie arguable case, the application was not filed expeditiously, and there is no sufficient cause to grant the stay of proceedings.
Outcome
Appeal dismissed
Orders
- Application dated 24.2.2016 is dismissed
- Costs to the Plaintiff
Remedies
- None
Authorities cited
Cases cited (1)
- HALS BURY’S LAW OF ENGLAND 4 TH EDITION Volume 37 at pages 330 and 332
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.
Loading judgment…