Mombasa Highway Transport Co. Ltd v Springtech (K) Limited [2021] KEHC 5037 (KLR)
- Court
- High Court of Kenya
- Case number
- 5037
- Citation
- [2021] KEHC 5037 (KLR)
- Decided
- 13 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution pending appealCoramD. O. CHEPKWONY, A. ONG’INJO
Holding
The court grants a stay of execution pending appeal
Facts
Respondent sought to strike out Appellant's defense, but Appellant was unable to respond due to lack of supporting affidavit. Appellant filed a memorandum of appeal.
Issues
- Whether the court can grant a stay of execution pending appeal
- Whether the application was timely
Reasoning
The court finds that the application was timely and that the Appellant will suffer substantial loss if the stay is not granted. The court grants the stay in the interest of justice.
Outcome
Appeal granted
Orders
- Stay of execution pending appeal
Remedies
- Costs to be determined by the appeal outcome
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
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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