Nzoia Sugar Company Limited v R.M Patel & Partners Limited (Civil Appeal 96 of 2022) [2022] KEHC 13402 (KLR) (6 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 13402
- Citation
- [2022] KEHC 13402 (KLR)
- Decided
- 6 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from Eldoret CM CC No.140 of 2020CoramEKO OGOLA
Holding
The court allows the application on the condition that Kshs 5,972,751.17 admittedly owed to the respondent is paid within thirty (30) days from the date hereof, failure to which the respondent is at liberty to execute.
Facts
The applicant, Nzoia Sugar Company Limited, approached the court seeking an order for security, while the respondent, R.M Patel & Partners Limited, admitted owing Kshs 5,972,751.17 to the applicant.
Issues
- Whether the notice of motion was timeously filed.
- Whether the applicant has provided security as required by the court.
Reasoning
The court found that the appeal does not deal with an admitted debt and thus the admitted debt should be paid.
Outcome
The court allows the application.
Orders
- The applicant is ordered to pay Kshs 5,972,751.17 to the respondent within thirty (30) days from the date hereof.
- If the applicant fails to pay within the stipulated time, the respondent is at liberty to execute.
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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