Entertainer Trucks Co Ltd v Paul Macharia Nduati [2021] KEHC 4977 (KLR)
- Court
- High Court of Kenya
- Case number
- 4977
- Citation
- [2021] KEHC 4977 (KLR)
- Decided
- 22 July 2021
The application is dismissed and/or struck out with costs to the respondent.
Facts
The applicant, Entertainer Trucks Co Ltd, filed a notice of motion application seeking orders including a stay of execution of a judgment and leave to appeal out of time. The respondent, Paul Macharia Nduati, claimed that the applicant has not exhibited chances of success of the appeal and that the insurer had already paid the respondent's claim up to the maximum limit.
Issues
- Whether the applicant has a right to appeal after the insurer has already paid up to the maximum contribution of 3 million.
- Whether the application for stay of execution of appeal should be granted.
Reasoning
The court held that the applicant has not exhibited chances of success of the appeal and that the application for stay of execution of appeal should not be granted as there is no pending appeal against the decree/order to be stayed.
Outcome
Application dismissed and costs awarded to the respondent.
Orders
- Application dismissed and costs awarded to the respondent.
Authorities cited
Cases cited (2)
- Mary Rono v Ben Gathogo & Another Nakuru H.C Civil Appeal No.92 of 2015
- I.T Inamdar, Subodh Inamdar & Samir Inamdar v Postal Corporation of Kenya [2001] eklr
Loading judgment…