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PJ Craft Limited v Basetrack Equipment Limited & another [2020] KEHC 7898 (KLR)

[2020] KEHC 7898 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7898
Citation
[2020] KEHC 7898 (KLR)
Decided
27 February 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment dismissing the plaintiff's substantive suit and directing the release of Kshs 800,000 to the defendants.CoramMeoli, R. MWONGO
Holding

The court granted a stay of execution of the judgment with regard to the release of Kshs 800,000 pending the hearing and determination of the suit.

Facts

The plaintiff filed a substantive suit against the defendants, which was dismissed by Meoli, J. The plaintiff sought a stay of execution to appeal the judgment. The plaintiff's counsel filed a Notice of Appeal, but the plaintiff went silent. The defendants requested the release of the Kshs 800,000 deposit, but were unable to access it due to a missing original receipt.

Issues

  1. Whether the court should grant a stay of execution of the judgment with regard to the release of Kshs 800,000 pending the hearing and determination of the suit.

Reasoning

The court considered the plaintiff's request for a stay of execution and granted it, allowing the plaintiff to appeal the judgment.

Outcome

The court granted a stay of execution of the judgment with regard to the release of Kshs 800,000 pending the hearing and determination of the suit.

Orders

  • The court granted a stay of execution of the judgment with regard to the release of Kshs 800,000 pending the hearing and determination of the suit.
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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