[2000] KECA 244 (KLR)
The Court of Appeal confirmed the stay of execution previously granted by the Commissioner of Assize but introduced minor variations to the conditions. The applicant was ordered to pay a specified sum and outstanding rent within 21 days, and to continue paying rent as it fell due. Upon compliance, the distrained...
Source-derived case information.
- Citation
- [2000] KECA 244 (KLR)
- Parties
- Applicant: Hurlingham Hospital Management Ltd; Respondent: Pankaj Gunvantrai; Respondent: Sailesh Gunvantrai; Respondent: Harshad Kumar Chandulal Sanghvi; Respondent: Richard Muchai T/A Richard Muchai Auctioneers
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 249 of ??
- Procedural Posture
- Civil Application / Application for Variation of Stay and Injunction Pending Appeal
- Outcome
- Application allowed in part with variations to the conditions for stay.
- Legal Topics
- Stay of Execution, Injunctions, Variation of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hurlingham Hospital Management Ltd
Applicant
Pankaj Gunvantrai
Respondent
Sailesh Gunvantrai
Respondent
Harshad Kumar Chandulal Sanghvi
Respondent
Richard Muchai T/A Richard Muchai Auctioneers
Respondent
Procedural Posture
Civil Application / Application for Variation of Stay and Injunction Pending Appeal
Legal Issues
- 1 Whether the conditions for stay of execution pending appeal should be varied.
- 2 Whether an injunction in the form of a stay should be granted pending the hearing and determination of the appeal.
Ratio Decidendi
The Court of Appeal confirmed the stay of execution previously granted by the Commissioner of Assize but introduced minor variations to the conditions. The applicant was ordered to pay a specified sum and outstanding rent within 21 days, and to continue paying rent as it fell due. Upon compliance, the distrained goods were to be released to the applicant. The court exercised its discretion to ensure that the respondents' interests were protected while allowing the applicant to pursue the appeal without undue hardship. Costs of the motion were awarded to the respondents.
Court Disposition
Application allowed in part with variations to the conditions for stay.
Orders
- The applicant shall, within 21 days, pay to the respondents the sum of Shs.2,300,000 pending the hearing and determination of the suit.
- The applicant shall within the said 21 days pay to the respondents the rent for July and August 2000 and thereafter pay on its due date the rents for September and subsequent months.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN
Hurlingham Hospital Management Ltd .................... Applicant AND 1. Pankaj Gunvantrai 2. Sailesh Gunvantrai 3. Harshad Kumar Chandulal Sanghvi 4. Richard Muchai T/A Richard Muchai Auctioneers ................... Respondents
(Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable Commissioner Ransley dated 19th July, 2000) in H.C.C.C. No.1113 of 2000) ****************** RULING OF THE COURT
The Commissioner of Assize, whose orders are proposedto be challenged on appeal granted an order of stay on certain terms. We think we should confirm these orders but with certain minor variations as follows:
1. The applicant shall, within 21 (twenty one) days of the date hereof pay to the respondent the su m of Shs.2,300,000/= pending the hearing and determination of the suit between them.
2. The applicant shall within the said 21 days pay to the respondents the rent for July and August 2000 and thereafter pay on its due date the rents for September and subsequent months.
3. The costs of this motion shall be to the respondents in any event.
Upon compliance with these orders the destrained goods to be released to the applicant.
Dated and delivered at Nairobi this 5th day of September, 2000.
J.E. GICHERU .................. JUDGE OF APPEAL
R.S.C. OMOLO ................... JUDGE OF APPEAL
A.B. SHAH ................... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR