[2002] KECA 223 (KLR)
The Court of Appeal exercised its discretion to adjourn the application for injunction and/or stay of execution, as requested by the applicant's counsel and not opposed by the respondent's counsel. The application was stood over generally with liberty to apply, and the costs for the day were reserved. The court did...
Source-derived case information.
- Citation
- [2002] KECA 223 (KLR)
- Parties
- Applicant: The Delphis Bank Limited (under Statutory Management); Respondent: Surjit Singh; Respondent: Malkiat Singh; Respondent: Miwani Sugar Company (1989) Limited (in receivership)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 435 of 2001
- Procedural Posture
- Civil Application / Application for Injunction And/or Stay Pending Appeal
- Outcome
- Application stood over generally with liberty to apply; costs reserved.
- Judges
- RO Kwach
- Legal Topics
- Injunctions, Stay of Execution, Appeals, Adjournment of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Delphis Bank Limited (under Statutory Management)
Applicant
Surjit Singh
Respondent
Malkiat Singh
Respondent
Miwani Sugar Company (1989) Limited (in receivership)
Respondent
Procedural Posture
Civil Application / Application for Injunction And/or Stay Pending Appeal
Legal Issues
- 1 Whether the application for injunction and/or stay of execution pending appeal should be adjourned or heard immediately.
Ratio Decidendi
The Court of Appeal exercised its discretion to adjourn the application for injunction and/or stay of execution, as requested by the applicant's counsel and not opposed by the respondent's counsel. The application was stood over generally with liberty to apply, and the costs for the day were reserved. The court did not proceed to determine the substantive merits of the application, as the adjournment was mutually agreed upon by the parties present.
Court Disposition
Application stood over generally with liberty to apply; costs reserved.
Orders
- The application is stood over generally with liberty to apply.
- Today's costs are reserved.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, LAKHA & BOSIRE, JJ.A.) CIVIL APPLICATION NO. NAI. 435 OF 2001 (UR.232/2001)
BETWEEN
THE DELPHIS BANK LIMITED (under Statutory Management....................... APPLICANT
AND
SURJIT SINGH ............................................................................................. 1ST RESPONDENT
MALKIAT SINGH .......................................................................................... 2ND RESPONDENT
MIWANI SUGAR COMPANY (1989) LIMITED (in receivership) .......... 3RD RESPONDENT
(Application for an injunction and/or a stay of the orders of the High Court pending the lodging, hearing and determination of an intended Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Justice Tom Mbaluto) givenon 30th October, 2001 in MILIMANI HIGH COURT CIVIL CASE NO. 566 OF 1999) *****************************
ORDER OF THE COURT
At Mr. Regeru's request to adjourn this application and Mr. Ngaira not objecting, this application is stood over generally with liberty to apply. Today's costs are reserved.
Made at Nairobi this 6th day of June, 2002
R.O. KWACH
....................................
JUDGE OF APPEAL
A.A. LAKHA
...................................
JUDGE OF APPEAL
S.E.O. BOSIRE
..................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR