Case ID:165200
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Bedrock Holdings Limited v Bedrock Security Services Limited & 2 others [2020] eKLR
Case Metadata
Case Number:
Civil Suit 134 of 2009
Parties:
Bedrock Holdings Limited v Bedrock Security Services Limited, Erick Ouma Okeyo & Patrick Ochieng Odipo
Date Delivered:
23 Oct 2020
Case Class:
Civil
Court:
High Court at Kisumu
Case Action:
Ruling
Judge(s):
Thripsisa Wanjiku Cherere
Citation:
Bedrock Holdings Limited v Bedrock Security Services Limited & 2 others [2020] eKLR
Advocates:
For Applicant - Mr. Otieno for Owiti, Otieno & Ragot Advocate
For Respondent - Mr. Mwamu for Mwamu & Co. Advocates
Court Division:
Civil
County:
Kisumu
Advocates:
For Applicant - Mr. Otieno for Owiti, Otieno & Ragot Advocate
For Respondent - Mr. Mwamu for Mwamu & Co. Advocates
History Advocates:
Both Parties Represented
Case Outcome:
Chamber summons dismissed.
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CIVIL SUIT NO.134 OF 2009
BEDROCK HOLDINGS LIMITED.........................PLAINTIFF/ APPLICANT
VERSUS
BEDROCK SECURITY SERVICES LIMITED...................1
ST
RESPONDENT
ERICK OUMA OKEYO..........................................................2
ND
RESPONDENT
PATRICK OCHIENG ODIPO................................................3
RD
RESPONDENT
RULING
1. The Plaintiff/Applicant’s suit was on 01.08.19 dismissed with
costs to the Respondents.
2. By Chamber Summons dated 24.08.2020 the Applicant prays for stay of execution of taxed costs pending the hearing and determination of a reference and appeal.
3. Mr. David Otieno, advocate for the Respondents in his replying affidavit sworn on 09.09.2020 opposes the application on the ground that no appeal has been filed and that a reference is no bar to execution.
4. I have carefully considered the reference in the light of the affidavits on record.
5. The substantive law of access for the relief sought is Order 42 (6) of the Civil Procedure Rules which provides:
(2) No order for stay of execution shall be made under sub rule
(1) Unless—
a. The court is satisfied that substantial loss may result to the applicant unless the order is made
b. That the application has been made without unreasonable delay; and
c. Such security as the court orders for the due performance of such decree or order as may ultimately be binding on him
has been given by the applicant.
6. Substantial loss, in its various forms is the corner stone of best jurisdictions for granting a stay and the party seeking stay bears a
specific burden regarding proof of substantial loss. (See
Rhoda Mukuma
v John Abuoga[1988] eKLR
).
7. The reference relating to the taxed costs was dismissed by an order dated 21.10.2020. The Plaintiff/Applicant has not alleged or demonstrated that the Defendants/Respondents would be unable to adequately refund the taxed costs should the intended appeal ultimately succeed.
8. Consequently, the Chamber Summons dated 12.06.2020 is without merit and it is dismissed.
DATED AT KISUMU THIS
23
rd
DAY OF
October
2020
T. W. CHERERE
JUDGE
Court Assistants -
Ms. Amondi/Ms. Okodoi
For Applicant -
Mr. Otieno for Owiti, Otieno & Ragot Advocate
For Respondent -
Mr. Mwamu for Mwamu & Co. Advocates