Tebere Concrete Company Ltd v Abdulrazak Masudi (Personal Representative of Masudi Mohamed Hassan (Deceased) [2019] KEHC 3741 (KLR)

Facts

Appellant Tebere Concrete Company Ltd seeks a stay of execution of a judgment against it, claiming substantial loss and the respondent's threat to auction its goods would render the appeal nugatory. Respondent Abdulrazak Masudi (Personal Representative) opposes the stay, arguing the appeal is not tenable and the applicant has not shown substantial loss.

Issues

1. Whether the applicant has shown substantial loss that would result if the stay of execution is not granted.
2. Whether the application was made with unreasonable delay.
3. Whether the applicant has provided security for costs.

Reasoning

The court finds the applicant has shown substantial loss and the application was not made with unreasonable delay. However, the court notes the applicant has not demonstrated its willingness to furnish security.

Outcome

The application is granted.

Authorities cited