Kapa Oil Refineries Limited v Festus Mutuku Muinde & another [2018] KEHC 5363 (KLR)
- Court
- High Court of Kenya
- Case number
- 5363
- Citation
- [2018] KEHC 5363 (KLR)
- Decided
- 31 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks stay of execution of judgment and costsCoramC. W. Githua
Holding
Application for stay pending appeal is allowed on condition that the applicant deposits the entire decretal amount in an interest-earning bank account within 30 days
Facts
Appellant Kapa Oil Refineries Limited filed an appeal against a judgment awarding KShs.500,000 in general damages for malicious prosecution. The lower court granted a temporary stay of execution for 30 days.
Issues
- Whether the application for stay pending appeal was made without unreasonable delay
- Whether the applicant would suffer substantial loss if the stay was not granted
- Whether the respondent is capable of refunding the decretal amount if the appeal is successful
Reasoning
The court found the application was not made without unreasonable delay and that the applicant would suffer substantial loss if the stay was not granted. The respondent failed to demonstrate his financial capability.
Outcome
Application granted
Orders
- Application granted on condition that the applicant deposits the entire decretal amount in an interest-earning bank account within 30 days
- Costs of the application shall abide the outcome of the appeal
Remedies
- Stay of execution of the judgment pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Housing Finance Company of Kenya V Sharok Kher Mohamed Ali Hirji & Another [2015] eKLR
- Equity Bank Ltd V Taiga Adams Co Ltd [2016] eKLR
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.
Loading judgment…