Pine Court Malindi Limited & another v Imperial Bank of Kenya (Under Receivership) & 2 others [2019] KEHC 3306 (KLR)
- Court
- High Court of Kenya
- Case number
- 3306
- Citation
- [2019] KEHC 3306 (KLR)
- Decided
- 30 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution against a Ruling declining grant of an interlocutory injunctionCoramGikonyo, Innes, Weldon
Holding
The court denied the application for stay of execution.
Facts
Pine Court Malindi Limited and Mumbu Estates Limited applied for a stay of execution against a Ruling declining grant of an interlocutory injunction. The Ruling was delivered on 25.7.2019. The applicants claimed substantial loss and high chances of success in their appeal.
Issues
- Whether to grant a stay of execution against the Ruling declining grant of an interlocutory injunction.
- Whether the applicants have demonstrated substantial loss to justify the stay of execution.
Reasoning
The court held that the application for stay is not a sine qua non for grant of stay of execution. The court also considered the mortgage deed and the principles of substantial loss under Order 42 Rule 6 of the Civil Procedure Rules.
Outcome
Denied
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Land Act 2012
Cases cited (2)
- Venter v R (1907)
- Kenya Shell Ltd v Kibiru & Another (1986)
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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