Co-operative Bank of Kenya Limited v Jrim O. Obure [2020] KEHC 3022 (KLR)
- Court
- High Court of Kenya
- Case number
- 3022
- Citation
- [2020] KEHC 3022 (KLR)
- Decided
- 28 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to appeal a judgment and apply for a stay of executionCoramJ. KAMAU
Holding
The Preliminary Objection is dismissed, and the Appellant's application for a stay of execution is allowed.
Facts
The Appellant is dissatisfied with the judgment of the lower court and seeks to appeal it. The Respondent filed a preliminary objection claiming the application was res judicata.
Issues
- Res judicata
- Stay of execution
Reasoning
The court found the Respondent's Preliminary Objection to be without merit and dismissed it. The Appellant's application was found to have good grounds and was allowed.
Outcome
Appeal dismissed, stay of execution granted
Orders
- Order for stay of execution pending appeal
Remedies
- Costs of the application and preliminary objection to be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Act Cap 21 (Laws of Kenya)
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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