[1998] KEHC 292 (KLR)

[1998] KEHC 292 (KLR)

The court found that the applicant had demonstrated an intention to appeal and that the sum involved was substantial, justifying the grant of a stay of execution to prevent possible injustice. The court clarified that all four consolidated cases, including H.C.C.C. No. 4694/87, were determined in the judgment of 11th November 1997, and that the applicant's claim in that suit was dismissed for want of proof. The stay of execution was granted on condition that it would subsist only until the filing of the appeal in the Court of Appeal, after which the respondent could apply for further orders if there was delay. The court emphasized that it would not be an obstacle to the applicant's right...

Citation
[1998] KEHC 292 (KLR)
Parties
Applicant: Kensing & Partners Consulting Engineers Ltd. & Another; Respondent: Kenya Police Staff Savings & Credit Co-operative Society; Applicant: Benjamin Ndubai
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 December 1998
Case Number
Civil Case 2560 of 1988
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal granted with limitation.
Legal Topics
Stay of Execution, Appeal Process, Consolidation of Suits, Judgment Enforcement
Source Language
English
Civil Procedure Commercial and Corporate Stay of Execution Appeal Process Consolidation of Suits Judgment Enforcement

Case Brief

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Parties

Kensing & Partners Consulting Engineers Ltd. & Another

Applicant

Kenya Police Staff Savings & Credit Co-operative Society

Respondent

Benjamin Ndubai

Applicant

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
  2. 2 Whether the main suit or any part thereof remains undetermined due to consolidation of cases.
  3. 3 Whether the applicant's claim in H.C.C.C. No. 4694/87 was dismissed or remains pending.

Ratio Decidendi

The court found that the applicant had demonstrated an intention to appeal and that the sum involved was substantial, justifying the grant of a stay of execution to prevent possible injustice. The court clarified that all four consolidated cases, including H.C.C.C. No. 4694/87, were determined in the judgment of 11th November 1997, and that the applicant's claim in that suit was dismissed for want of proof. The stay of execution was granted on condition that it would subsist only until the filing of the appeal in the Court of Appeal, after which the respondent could apply for further orders if there was delay. The court emphasized that it would not be an obstacle to the applicant's right...

Court Disposition

Application for stay of execution pending appeal granted with limitation.

Orders

  • Chamber Summons dated 28th October 1998 granted in terms of prayers 2 and 3.
  • Stay of execution in respect of prayer 2 to subsist only up to the date of filing the appeal in the Court of Appeal by the applicant.