Japheth Mutisya Masila t/a Japhy Commercial Enterprises v Kwale International Sugar Co. Limited [2018] KEHC 5124 (KLR)
- Court
- High Court of Kenya
- Case number
- 5124
- Citation
- [2018] KEHC 5124 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant/Applicant seeks orders to stay execution, certify urgency, stay attachment, and allow monthly instalmentsCoramDulu Ag., Law
Holding
Application granted for stay of execution, certification of urgency, stay of attachment, and allowance of monthly instalments
Facts
Defendant's assets were proclaimed for auction, but the Plaintiff has not given credit for partial payments. Defendant seeks to liquidate debt in monthly instalments due to cash flow problems.
Issues
- Certification of urgency
- Stay of execution
- Stay of attachment
- Monthly instalments
Reasoning
Defendant threatened with imminent attachment and sale of assets, and cash flow problems. Court finds in Defendant's interest to allow monthly instalments and stay execution.
Outcome
Application granted
Orders
- Stay of execution
- Certification of urgency
- Stay of attachment
- Monthly instalments
Remedies
- Stay of execution
- Certification of urgency
- Stay of attachment
- Monthly instalments
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Civil Procedure Act
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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