Final Auto Centre Limited v Cerba Lancet Kenya Limited (Civil Appeal E010 of 2024) [2025] KEHC 14432 (KLR) (27 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14432
- Citation
- [2025] KEHC 14432 (KLR)
- Decided
- 27 January 2025
The court granted the application for stay of proceedings pending the hearing and determination of the appeal.
Facts
Final Auto Centre Limited filed a suit against Cerba Lancet Kenya Limited at the Mavoko Chief Magistrate's Court, seeking the release of two motor vehicles registration numbers. Cerba Lancet Kenya Limited claimed these vehicles were detained as lien for unpaid amounts. Final Auto Centre Limited was dissatisfied with the ruling and filed an appeal.
Issues
- Whether the Applicant/Appellant has met the criteria for grant of orders of stay of proceedings.
- Whether the Applicant/Appellant has met the criteria for grant of orders of stay pending Appeal.
- Who shall bear costs of the application.
Reasoning
The court exercised its discretion to stay the proceedings in the interest of justice, considering the need for expeditious disposal of cases and the merits of the appeal.
Outcome
The court granted the application for stay of proceedings pending the hearing and determination of the appeal.
Orders
- The court granted the stay of proceedings at Mavoko Law Courts in Civil Suit No. E558 of 2024.
- The court ordered the stay and directions by Hon. S. Kandie be stayed and be hereby set aside until the final determination of the Appeal.
Remedies
- The costs of this application be provided for.
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 Laws of Kenya
- Order 42 Rule 6 of the Civil Procedure Rules
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