Disney Insurance Brokers v County Government of Mombasa [2021] KEHC 5069 (KLR)
- Court
- High Court of Kenya
- Case number
- 5069
- Citation
- [2021] KEHC 5069 (KLR)
- Decided
- 28 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a negative orderCoramD. O. CHEPKWONY
Holding
The application for stay of the negative order is denied.
Facts
The Plaintiff, Disney Insurance Brokers, applied for a stay of orders granted in relation to a negative Ruling dated 19th May, 2021, and 11th June, 2021, which was delivered by the court. The Plaintiff intended to file an appeal against the Ruling and sought to preserve the monies held in three accounts.
Issues
- Whether an order for stay of execution pending appeal can be granted for a negative order
- Whether the garnishee order nisi should be held in subsistence pending the intended appeal
Reasoning
The court held that a negative order is incapable of being stayed as it does not impose a positive obligation on either party. The dismissal of the application is a negative order and therefore incapable of being stayed.
Outcome
The application for stay of the negative order is denied.
Authorities cited
Cases cited (2)
- Co-operative Bank of Kenya Limited v Banking Insurance & Finance Union (Kenya) [2015] eKLR
- Kanwal Sarjit Singh Dhiman vs Keshavji Jivraj Shah [2008] eKLR
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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