[2001] KECA 16 (KLR)
The Court of Appeal determined that, since a receiver had been appointed over the respondent company and the identity and position of the receiver were unclear, it was necessary to adjourn the application for stay of execution to allow the parties to notify the receiver and enable the receiver to decide whether to...
Source-derived case information.
- Citation
- [2001] KECA 16 (KLR)
- Parties
- Applicant: Dr Viram Gordhania; Respondent: Lake Nursing Home
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 257 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application adjourned generally; interim stay of execution granted; costs of the day in the application.
- Legal Topics
- Stay of Execution, Appointment of Receiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Viram Gordhania
Applicant
Lake Nursing Home
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether an interim stay of execution should be granted pending notification of the receiver and further hearing of the application.
- 2 Whether the receiver should be notified and given an opportunity to participate in the proceedings.
Ratio Decidendi
The Court of Appeal determined that, since a receiver had been appointed over the respondent company and the identity and position of the receiver were unclear, it was necessary to adjourn the application for stay of execution to allow the parties to notify the receiver and enable the receiver to decide whether to participate in the proceedings. To preserve the status quo and prevent prejudice to any party, the court granted an interim stay of execution until the next hearing date after the court vacation. The costs of the day were reserved to be in the application.
Court Disposition
Application adjourned generally; interim stay of execution granted; costs of the day in the application.
Orders
- The application is adjourned generally to allow notification of the receiver.
- An interim stay of execution is granted until the next hearing date after the court vacation.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPLICATION NO. 257 OF 2001
DR VIRAM GORDHANIA .................................... APPLICANT
AND
LAKE NURSING HOME .................................. RESPONDENT
(Application for stay of execution from the ruling of the High Court of Kenya at Kisumu (Birech, Comm/Assize) dated 26th June, 2001
in
KSM. H.C.C.C. NO. 423 OF 1994)
*****************
ORDER OF THE COURT
We understand that a receiver has been appointed in respect of the respondent company. We do not know who the receiver is but we adjourn this application and stand it over generally so that the parties in this dispute can notify the receiver of its existence to enable the receiver decide on the issue of whether or not he wishes to participate in the dispute. In the meantime, we order an interim stay until the next date for the hearing of this motion which should now be set after the Court vacation. The costs of to-day shall be in the application.
Made at Nairobi this 2nd day of August, 2001.
R. S. C. OMOLO
-----------------------
JUDGE OF APPEAL
P. K. TUNOI
-----------------------
JUDGE OF APPEAL
E. O. O'KUBASU
------------------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR