Ng’ang’a & another v Excellent Logistincs Ltd (Civil Suit 394 of 2013) [2024] KEHC 16318 (KLR) (Civ) (16 December 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 16318
- Citation
- [2024] KEHC 16318 (KLR)
- Decided
- 16 December 2024
Summary at a glance
TypeCivil SuitPostureDefendant seeks stay of judgment and orders pending appealCoramCW MEOLI, Kasango, Mutungi
The motion for stay of execution is dismissed with costs to the plaintiffs
Facts
The judgment was delivered on April 2, 2024, in favor of the plaintiffs in the sum of Kshs. 22,036,277, including costs and interest. The defendant has filed an appeal before the Court of Appeal.
Issues
- Whether to grant a stay of execution pending appeal
- Whether to allow the motion for stay of execution
Reasoning
The court held that the motion is premature as the defendant has not yet filed a Notice of Appeal and the jurisdiction of the court is not properly invoked without leave to appeal.
Outcome
Defendant's motion for stay of execution dismissed
Orders
- Motion for stay of execution dismissed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…