First Community Bank Limited v Osman Abdi Kassim [2021] KEHC 6996 (KLR)
- Court
- High Court of Kenya
- Case number
- 6996
- Citation
- [2021] KEHC 6996 (KLR)
- Decided
- 13 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks stay of execution of judgment and leave to appeal out of timeCoramC.MEOLI
Holding
The court grants the stay of execution pending appeal, subject to the applicant providing a bank guarantee for the entire decretal sum within 30 days.
Facts
First Community Bank Limited filed a judgment against Osman Abdi Kassim on March 13, 2020, without notice. The bank later discovered the judgment and filed an appeal, but the appeal was delayed due to the COVID-19 pandemic.
Issues
- Whether to grant stay of execution pending appeal
- Whether to grant leave to appeal out of time
Reasoning
The court considers the substantial amount in the decree and the lack of proof of the respondent's financial means, concluding that the applicant may not be able to recover the sums in the event of the appeal succeeding.
Outcome
The application is granted with conditions
Orders
- Stay of execution pending appeal
- Bank guarantee for the entire decretal sum
Remedies
- Costs awarded to the respondent
Authorities cited
Legislation (3)
- Article 159 of the Constitution
- Sections 1A, 1B, 3A, 79G & 95 of the Civil Procedure Act
- Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (7)
- Antoine Ndiaye v African Virtual University
- Mukoma v Abuoga
- Mumias Sugar Company Ltd v Henry Khatolwa Amukoya
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike
- Nduhiu Gitahi and Another -Vs- Anna Wambui Warugongo
- Shell case
- Rosengrens -Vs- Safe Deposit Centres Limited
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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