Kwetu Savings & Credit Co-operative Society Limited (Formerly) Masaku Teachers Investment Ltd v James Muiya & 11 others [2019] KEHC 3510 (KLR)
- Court
- High Court of Kenya
- Case number
- 3510
- Citation
- [2019] KEHC 3510 (KLR)
- Decided
- 24 October 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for stay of execution of rulingCoramD. K. Kemei
Holding
The application is dismissed with costs as the ruling is a negative one incapable of execution and the court has no jurisdiction to stay a negative order.
Facts
The applicants sought a stay of execution of a ruling issued on 26.2.2018, claiming that the respondents had filed an appeal and would suffer no prejudice. The applicants proposed Kshs 100,000/- as security for costs.
Issues
- Whether Moses Odawa and Co. Advocates are properly on record
- Whether the court may grant stay
Reasoning
The court found that the notice of appointment of advocates was filed after the ruling was issued, making the firm not properly on record. The court also held that the ruling is a negative one incapable of execution and cannot be stayed.
Outcome
Application dismissed with costs
Orders
- Interim orders earlier issued are hereby vacated
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Court of Appeal Rules of Kenya
Cases cited (4)
- Mukuma v Abuoga (1988) KLR
- S.K. Tarwadi v Veronica Muehlemann [2019] eKLR
- Exclusive Estate Limited vs. Kenya Posts and Telecommunications Corporation and Another [2005] 1 EA 53 (CA)
- Civil Procedure Act Section 38
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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