Regional Institute of Business Management v Lucas Ondong’ Otieno [2020] KEHC 10020 (KLR)
- Court
- High Court of Kenya
- Case number
- 10020
- Citation
- [2020] KEHC 10020 (KLR)
- Decided
- 30 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant sought an order for injunction and stay of execution of judgmentCoramJ. KAMAU
Holding
Appellant's application for an injunction and stay of execution is allowed, subject to depositing Kshs 532,000 into an interest-earning account within 30 days.
Facts
Appellant sought an injunction to restrain the Respondent from attaching or selling its goods, and a stay of execution of a previous judgment. The Respondent opposed the application, citing lack of board resolution and non-compliance with procedural rules.
Issues
- merits of the Appellant's appeal
- conditions for granting an interlocutory injunction
Reasoning
The court found the Appellant did not meet the conditions for an interlocutory injunction and thus the application was allowed with conditions.
Outcome
Appeal allowed with conditions
Orders
- Order for stay of execution pending appeal
- Conditional stay of execution if Kshs 532,000 is deposited within 30 days
- Either party may apply for further orders
- Costs to be determined in the cause
Remedies
- Stay of execution pending appeal
- Deposit Kshs 532,000 into an interest-earning account
Authorities cited
Cases cited (1)
- Giella vs Cassman Brown Co Limited (1973) E.A. 358
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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