Al-Riaz International Limited v Ganjoni Properties Limited [2017] KEHC 658 (KLR)
- Court
- High Court of Kenya
- Case number
- 658
- Citation
- [2017] KEHC 658 (KLR)
- Decided
- 13 November 2017
The court granted the application for a stay of execution of the order for the release of the motor vehicles pending the inter partes hearing of the appeal.
Facts
The plaintiff sought a stay of execution of an order for the release of two motor vehicles from execution, claiming that the vehicles were unregistered and needed to be registered before they could be used for registration purposes. The defendant opposed the application, arguing that the plaintiff had not paid rent and that the vehicles were being kept by the plaintiff's landlord.
Issues
- Whether the plaintiff's application for a stay of execution of the order for the release of the motor vehicles is justified
- Whether the plaintiff has demonstrated substantial loss and provided security for the due performance of the decree
Reasoning
The court found that the plaintiff's application was not delayed and that there were prospects of substantial loss. The court also noted that the plaintiff had provided security for the due performance of the decree.
Outcome
The court granted the application for a stay of execution of the order for the release of the motor vehicles.
Orders
- Stay of execution of the order for the release of the motor vehicles pending the inter partes hearing of the appeal
Remedies
- Stay of execution of the order for the release of the motor vehicles
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Adah Nyabook vs Uganda Holding Properties Ltd [2012] eKLR
- Daniel Chebutul Rotich vs Emirates Airlines, HCC No. 368 of 2001
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