[2003] KEHC 177 (KLR)
The court found that the applicant failed to satisfy the requirements for stay of execution under Order 41 Rule 4(2) of the Civil Procedure Rules. Specifically, the applicant did not demonstrate that it would suffer substantial loss if stay was not granted, as mere errors in the decree or execution procedure do not...
Source-derived case information.
- Citation
- [2003] KEHC 177 (KLR)
- Parties
- Appellant: Yellow Pages Publishing & Marketing Limited; Respondent: Newstrackers Publishers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 498 of ??
- Procedural Posture
- Civil Appeal / Ruling on Stay Application
- Outcome
- application dismissed with costs to the respondent
- Judges
- JM Khamoni
- Legal Topics
- Stay of Execution, Substantial Loss, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Yellow Pages Publishing & Marketing Limited
Appellant
Newstrackers Publishers Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application
Legal Issues
- 1 Whether the applicant has demonstrated substantial loss as required for grant of stay of execution.
- 2 Whether the applicant has provided security as required under Order 41 Rule 4(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the applicant failed to satisfy the requirements for stay of execution under Order 41 Rule 4(2) of the Civil Procedure Rules. Specifically, the applicant did not demonstrate that it would suffer substantial loss if stay was not granted, as mere errors in the decree or execution procedure do not suffice. Additionally, the applicant failed to provide security for the due performance of the decree, which is a mandatory requirement. Consequently, the application for stay was dismissed.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application for stay is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 498 OF 2000 YELLOW PAGES PUBLISHING & MARKETING LIMITED ……………………………. APPELLANT VERSUS NEWSTRACKERS PUBLISHERS LIMITED ….… RESPONDENT R U L I N G
From what has been brought to my attention during the hearing of this application, I find that the Applicant has not satisfied this court under Order 41 Rule 4 sub rule 2 Civil Procedure Rules that the Applicant will suffer substantial loss if stay is not granted as mere error in the figures in the decree or mere wrongful procedure in the execution of the decree do not necessarily mean the Applicant will suffer substantial loss, and since the Applicant is not providing security and I largely agree with what Mr. Masese said in reply to this application, the said application is hereby dismissed with costs to the Respondent. Dated this 12th day of June 2003. J.M. KHAMONI JUDGE