Quality Centre Limited v USL (T) Limited [formerly known as Uchumi Supermarkets (Tanzania) Limited & another [2017] KEHC 2161 (KLR)
- Court
- High Court of Kenya
- Case number
- 2161
- Citation
- [2017] KEHC 2161 (KLR)
- Decided
- 5 October 2017
The judgment debtor's application to set aside the foreign judgment and stay the proceedings is denied, and the judgment creditor's application for leave to execute the decree is granted.
Facts
A foreign judgment was recognized in Kenya, and two applications were filed: one by the judgment creditor seeking execution of the decree, and another by the judgment debtor seeking to set aside the foreign judgment and stay the proceedings.
Issues
- Whether the judgment debtor's application to set aside the foreign judgment and stay the proceedings should be granted.
- Whether the judgment creditor's application for leave to execute the decree should be granted.
Reasoning
The court found that the judgment debtor did not seek to set aside the foreign judgment, and thus could not be granted a stay. The judgment creditor's application was granted as the foreign judgment had not been set aside or stayed.
Outcome
Judgment debtor's application to set aside the foreign judgment and stay the proceedings is denied; judgment creditor's application for leave to execute the decree is granted.
Orders
- The Notice of Motion of 5th April, 2017 is hereby dismissed with costs.
- The Notice of Motion of 2nd December 2016 is allowed with costs to the judgment creditor.
Remedies
- Execution of the decree given by the court on 6th October 2016 and issued on 26th October 2016 before taxation.
Authorities cited
Legislation (2)
- Foreign Judgments (Reciprocal Enforcement) Act
- Civil Procedure Act
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