Sangany Agencies Limited & another v Joseph Otieno Aketch suing as legal representative of the estate of Francis Odhiambo Okoth [2021] KEHC 5330 (KLR)
- Court
- High Court of Kenya
- Case number
- 5330
- Citation
- [2021] KEHC 5330 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellants seek to arrest judgment and stay further proceedings in an ongoing caseCoramJ.R. KARANJAH
Holding
The application is dismissed with costs to the respondents.
Facts
An interlocutory order was made by the trial court in a matter that is still in progress and awaiting judgment. The appellants seek to appeal this order and arrest judgment pending the appeal.
Issues
- Whether the appellants have provided good and sufficient grounds for exercise of the court's discretion in their favor.
- Whether the application for stay of proceedings is justified.
Reasoning
The court found that the application is lacking in merit and that the appellants have not provided sufficient grounds for the court to exercise discretion in their favor. The court also ruled that the application for stay of proceedings is not justified.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondents.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Order 42 Rule 6 (1) of the CPR
- Order 50 Rule (1) and (13) of the CPR
- Article 159 of the Constitution
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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