Vanilla Glassmart General Hardware Limited v Pasha Enterprises Limited (Civil Appeal E026 of 2020) [2022] KEHC 625 (KLR) (4 May 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 625
- Citation
- [2022] KEHC 625 (KLR)
- Decided
- 4 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree in a civil suitCoramMW MUIGAI, Odunga
Holding
The Court grants the stay of execution on the condition that the Appellant pays the Respondent 1/2 of the decretal amount within 90 days and the balance in a joint interest-earning account.
Facts
Vanilla Glassmart General Hardware Limited filed an application for a stay of execution of the judgment in CMCC No. 405 of 2015, pending appeal, due to the risk of substantial financial loss and the possibility of the appeal being rendered nugatory.
Issues
- Whether the Appellant shall suffer substantial loss if the stay of execution is not granted.
- Whether the appeal is arguable and the Appellant has a legal right of appeal.
Reasoning
The Court considered the grounds for granting a stay of execution, including substantial loss and the arguable nature of the appeal, and granted the stay pending the appeal.
Outcome
The Court granted the stay of execution pending appeal.
Orders
- The Appellant/Applicant to pay the Respondent within 90 days of delivery of the Ruling 1/2 decretal amount and the balance be deposited in a joint interest-earning account held by advocates on record of each party to these proceedings/appeal.
- Each Party to bear its own costs.
Remedies
- Stay of execution pending appeal.
Authorities cited
Legislation (1)
- Order 42 Rule 6 CPR 2010
Cases cited (4)
- Republic v The Commissioner for Investigations and Enforcement 'ex-parte’ Wananchi Group Kenya Limited, Miscellaneous Civil Application no. 51 of 2013
- Tabro Transporters Ltd v Absalom Dova Lumbasi [2012] eKLR
- RWW v EKW [2019] eKLR
- Nairobi Women’s Hospital v Purity Kemunto [2018] eKLR
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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