Multiple Hauliers E.A Ltd v Avic Jac Motors E.A Ltd (Civil Appeal E021 of 2022) [2022] KEHC 14804 (KLR) (25 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14804
- Citation
- [2022] KEHC 14804 (KLR)
- Decided
- 25 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and costsCoramGMA DULU
Holding
The court grants a stay of execution and all consequential orders pending the hearing and determination of the appeal.
Facts
Multiple Hauliers E.A Ltd challenged the validity of a consent apportioning liability to 60:40 in favor of the plaintiff. The applicant claimed substantial loss if the stay was not granted.
Issues
- Validity of consent apportioning liability
- Substantial loss if stay is not granted
Reasoning
The court finds that substantial loss may occur if the stay is not granted due to the matter potentially going either way and the consent being from agents rather than principals.
Outcome
Application granted
Orders
- Stay of execution and all consequential orders pending the hearing and determination of appeal
Remedies
- Costs of the application will abide the decision in the appeal
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…