Anwar Ali & another v Monica Muthoni & another [2021] KEHC 911 (KLR)
- Court
- High Court of Kenya
- Case number
- 911
- Citation
- [2021] KEHC 911 (KLR)
- Decided
- 19 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureNotice of Motion application for review of a stay orderCoramD., KLR Sewe
Holding
The court finds that the application is baseless and merely meant to further delay the Respondents from accessing the fruits of their judgment.
Facts
The 1st Appellant, Anwar Ali, and Farid Ahmed Swaleh applied for a review of the court's stay order due to financial difficulties and new evidence.
Issues
- Whether an order for substituting security can issue
- Whether the court can review its orders issued on 24th June, 2021
Reasoning
The court considers the application and finds that the grounds for review are not met, as the new evidence is not new and important, and the applicant did not act with due diligence.
Outcome
The application is dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (4)
- Pancras T. Swai v Kenya Breweries Limited
- Turbo Highway Eldoret Limited v Synergy Industrial Credit Limited
- Rose Kaiza v Angelo Mpanjuiza
- D. J. Lowe & Company Ltd v Bonquo Indosuez
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.
Loading judgment…