Ol Kalou Dairy (2016) Limited v Josephat t/a Venture Auctioneers (Civil Appeal E223 of 2024) [2025] KEHC 2363 (KLR) (17 February 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2363
- Citation
- [2025] KEHC 2363 (KLR)
- Decided
- 17 February 2025
The application for stay of execution pending appeal is dismissed. The costs of the application shall abide the appeal.
Facts
The Appellant, Ol Kalou Dairy (2016) Limited, sought an order for the stay of execution of a judgment and decree against them in Nakuru Small Claims Court's Case No. E102 of 2024. They also requested the immediate and unconditional release of their motor vehicle registration number KCY 097K Isuzu NRP, which was illegally and irregularly attached by the Respondent, Josephat t/a Venture Auctioneers, on 10/07/2024.
Issues
- Stay of execution pending appeal
- Release of illegally attached motor vehicle
Reasoning
The court found that the Appellant did not meet the legal conditions for stay of execution pending appeal. The decree has been fully satisfied, and the question of substantial loss does not arise.
Outcome
Appeal dismissed
Orders
- Application for stay of execution pending appeal dismissed
Remedies
- Costs of the application shall abide the appeal
Authorities cited
Cases cited (7)
- RWW vs EKW (2019) eKLR
- Re Global Tours & Travel Ltd HCWC No. 43 of 2000
- Shell Ltd V. Kibiru & Another (1986) KLR 410
- Tropical Commodities Ltd. International (in liquidation) (2004) 2 EA 331
- Century Oil Trading Company Ltd vs Kenya Shell Ltd
- National Industry Credit Limited vs Aquinas Francis Wasike & Another (2006) eKLR
- Matata & Another vs Rono & Another (Civil Appeal No. E034 of 2024) (2024) KEHC 2799 (KLR)
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