John Kahoro Gakenia v Shamsher Limited [2017] KEHC 9089 (KLR)
- Court
- High Court of Kenya
- Case number
- 9089
- Citation
- [2017] KEHC 9089 (KLR)
- Decided
- 28 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of proceedings pending appealCoramL. Njuguna
Holding
Appellant's application is dismissed with costs to the Respondent
Facts
Appellant filed an application to amend his defence and seek a counter-claim, but the application was dismissed. The Appellant argues that the appeal will be rendered nugatory if the stay is not granted.
Issues
- Whether the application for stay of proceedings is valid under Civil Procedure Rules
- Whether the Appellant has a prima facie arguable appeal
Reasoning
The court found that the application was not filed expeditiously and the Appellant did not establish a prima facie arguable appeal. The court also noted that the counter-claim was time barred.
Outcome
Appeal dismissed
Orders
- Application for stay of proceedings dismissed
Remedies
- Costs awarded to Respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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