Kenya Nut Company Limited v Sarah Nanjala Wambogo [2017] KEHC 6527 (KLR)
- Court
- High Court of Kenya
- Case number
- 6527
- Citation
- [2017] KEHC 6527 (KLR)
- Decided
- 31 March 2017
The application is granted as prayed in terms of prayer 4, but the decretal sum must be deposited in court within 30 days from today.
Facts
The Appellant/Applicant has filed an appeal against the judgment of the lower court, and interim orders granted by the lower court have lapsed. The Appellant/Applicant claims that if the appeal is successful, the Respondent's assets are unknown and there is a risk of not recovering the awarded sum.
Issues
- Whether the Appellant/Applicant will suffer substantial loss if the orders are not granted.
- Whether there was unreasonable delay in filing the application.
Reasoning
The court finds that the Appellant/Applicant has established that it will suffer substantial loss if the orders are not granted, and there was no unreasonable delay in filing the application. The court grants the stay of execution pending the hearing and determination of the appeal.
Outcome
The application is granted.
Orders
- The stay of execution pending the hearing and determination of the appeal is granted.
- The decretal sum must be deposited in court within 30 days from today.
Remedies
- Stay of execution pending the hearing and determination of the appeal.
Authorities cited
Cases cited (3)
- Antoine Ndiaye -vs- African Virtual University Nairobi HCCC No. 422 of 2006
- Kenya Shell Limited –vs- Benjamin Karuga Kabigu and another
- Machira t/a Machira & Co. Advocates vs- East African Standard (No2) (2002) KLR 63
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