Bedrock Security Services Limited v Bedrock Holdings Limited [2021] KEHC 1636 (KLR)
- Court
- High Court of Kenya
- Case number
- 1636
- Citation
- [2021] KEHC 1636 (KLR)
- Decided
- 24 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a suit, with the Plaintiff seeking to set aside execution and other ordersCoramJ. KAMAU
Holding
The Plaintiff's Notice of Motion application dated 28th October 2020 was not merited and is hereby dismissed with costs to the Defendant herein
Facts
The Plaintiff sought to set aside execution and other orders after the Defendant filed a suit in Kisumu High Court Civil Case No 134 of 2020, which was related to the matter herein. The Plaintiff claimed damages for trespass and sought costs.
Issues
- Whether the Plaintiff's Notice of Motion application dated 28th October 2020 was merited
- Whether the execution was lawful and whether the Plaintiff was entitled to damages and costs
Reasoning
The Court held that the Plaintiff had not demonstrated that it had met the conditions for being granted an order for stay of execution and that the execution was lawful.
Outcome
The Plaintiff's Notice of Motion application dated 28th October 2020 was dismissed with costs to the Defendant herein
Orders
- The Plaintiff's Notice of Motion application dated 28th October 2020 is dismissed with costs to the Defendant herein
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21(Laws of Kenya)
- Order 22 Rule 18 of the Civil Procedure Rules
Cases cited (4)
- Blassio Simiyu & Another vs Vincent Sinino & Another [1985] eKLR
- Daniel Chebutul Rotich & 2 Others vs Emirates Airlines Civil Case No 368 of 2001
- Kenya Shell Limited vs Kibiru (sic) [1986] KLR 410
- Machira t/a Machira & Co Advocates vs East African Standard (No 2) [2002] KLR 63
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.
Loading judgment…