[1999] KECA 88 (KLR)
The court held that the applicants failed to demonstrate any urgency in their application for stay of execution. The judge found that neither the existence of a judgment nor the inability of the judgment debtor to pay the decretal amount constituted sufficient grounds for urgency. As no persuasive arguments or...
Source-derived case information.
- Citation
- [1999] KECA 88 (KLR)
- Parties
- Applicant: Accrow Contractors Limited; Applicant: Jaspal Singh Birdi; Respondent: Senator Card Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 10 of 1998
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Urgency of Application, Appellate Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Accrow Contractors Limited
Applicant
Jaspal Singh Birdi
Applicant
Senator Card Limited
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution is urgent and merits consideration.
- 2 Whether the inability of the judgment debtor to pay the decretal amount constitutes urgency.
Ratio Decidendi
The court held that the applicants failed to demonstrate any urgency in their application for stay of execution. The judge found that neither the existence of a judgment nor the inability of the judgment debtor to pay the decretal amount constituted sufficient grounds for urgency. As no persuasive arguments or evidence of urgency were advanced, the application lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: LAKHA, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 10 OF 1998 BETWEEN
ACCROW CONTRACTORS LIMITED
JASPAL SINGH BIRDI .................................APPLICANTS AND SENATOR CARD LIMITED ................................RESPONDENT
(Application for stay of execution from a Ruling and Order of the High Court of Kenya at Nairobi (Justice O'Kubasu) delivered on 28th July, 1998 in
H.C.C.C. NO. 1635 OF 1997)
R U L I N G
I find nothing before me to say that this application is urgent. Nothing has been advanced or urged to persuade me that this matter is urgent. The fact that there is a judgment or that the judgment debtor is unable to pay the decretal amount does not of itself make the application urgent. I am not persuaded that this application has any merits. Accordingly, it is dismissed with costs.
Dated and delivered at Nairobi this 9th day of February,
1999.
A.A. LAKHA ................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR