National Industrial Credit Bank Limited v Samuel Orindo Manani Omokaya [2018] KEHC 6748 (KLR)
- Court
- High Court of Kenya
- Case number
- 6748
- Citation
- [2018] KEHC 6748 (KLR)
- Decided
- 24 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCommercial SuitPostureAppellant seeks a stay of execution of costs pending the hearing and determination of an appealCoramT. W. CHERERE
Holding
The application is allowed with conditions
Facts
Appellant seeks a stay of execution of costs taxed against it, claiming substantial loss and lack of security for costs. Respondent opposes the application.
Issues
- Substantial loss
- Security for costs
- Inherent power of the court
Reasoning
The court finds the application was not filed with unreasonable delay and offers security for costs. The court exercises its discretion in the interest of justice.
Outcome
The application is allowed with conditions
Orders
- Applicant deposits total taxed costs in an interest-earning account within 60 days
- Costs of the application abide the outcome of the appeal
Remedies
- Stay of execution of costs pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- United Builders & Contractors (Africa) Ltd v Standard Chartered Bank Ltd
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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