Co-operative Bank of Kenya Ltd v Simon Kiplagat Biwott [2019] KEHC 4583 (KLR)
- Court
- High Court of Kenya
- Case number
- 4583
- Citation
- [2019] KEHC 4583 (KLR)
- Decided
- 2 July 2019
The application is not fatally defective for citing the wrong provisions. The prerequisites of Order 42 Rule 6 have been met.
Facts
The appellant filed an application seeking interim stay of execution orders pending hearing of the appeal, and to set aside the orders of the CM's court of conditional stay. The appellant claims substantial loss may result to them unless the application is granted.
Issues
- Whether the application is bad in law for want of relying on the correct enabling provisions.
- Whether the prerequisites of Order 42 Rule 6 have been met.
- Whether the orders of the CM's court of conditional stay should be set aside.
Reasoning
The court held that the application was not fatally defective for citing the wrong provisions, citing Order 51 Rule 10 of the Civil Procedure Rules. The court also found that the prerequisites of Order 42 Rule 6 have been met.
Outcome
The application is not fatally defective for citing the wrong provisions. The prerequisites of Order 42 Rule 6 have been met.
Orders
- Interim stay of execution orders pending hearing of the application inter partes
- The court set aside the orders of the court in Eldoret CMCC 377 of 2017 making stay and execution pending hearing and determination of this appeal on condition that three quarters of the decretal sum be paid to the respondent and the other third be deposited in a joint interest earning account in the names of both counsels on record.
- The court grants stay of execution on the condition that the entire decretal amount be deposited in a joint interest earning account in the names of both counsels on record pending the hearing and determination of this appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (1)
- Scooby Enterprises Ltd v Kisii County Assembly Service Board [2016] eKLR
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