“"substantial loss"” — court decisions

Judgment[1995] KEHC 9915 June 1995

L U International Ltd v Kenya National Trading Corporation & another

High Court at Mombasacourt are largely not in dispute,Omondi,Jaffer,Omondi released Mr,Omondi Mr,Ahmed Nassir,Nassir,Ken Omondi,Jaffer ShariffCase number Civil Suit 404 of 1995

Division and case type: CivilCivil Suit

…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…

3 min read

Judgment[1998] KEHC 23520 September 1998

KENYA POWER & LIGHTING CO. LTD v NJILUX MOTORS LTD

High Court at NairobiNjunguCIVIL CASE NO. 1887 OF 1994

Division and case type: CivilCivil Case

…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…

…Both in the application and the affidavit in support of the same, it has been stated that the defendant will suffer substantial loss and will be ruined if an order for stay is not granted.…

appeal succeedsAllowed3 min read

Judgment[1993] KEHC 9411 October 1993

Mary Wanjiru Gachii v Kenya Bus Ser v ices (Msa) Ltd

High Court at MombasaCase number Civil Case 678 of 1990

Division and case type: CivilCivil Case

…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “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…

…Upon my assessment of the matter I am satisfied that substantial loss may result if the application is not made.…

2 min read

Judgment[1997] KEHC 481 July 1997

KEMFRO (A) LTD v s KABARE BARAGWI & NGARIAMA CO-OP SOCIETY LTD &

High Court at Nairobime an application by way of Chamber Summons under OrderCIVIL CASE NO. 2069 OF 1996

Division and case type: CivilCivil Case

…Rule 4(2) aforesaid provides as follows: “ (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…

…Substantial loss may thereby occur. The application for sty was filed timeously. In view of the foregoing I am inclined to grant the stay sought by preserving the status quo.…

3 min read

Judgment[1998] KEHC 431 October 1998

In Re Law Society of Kenya [1998] KEHC 43 (KLR)

High Court at MombasaOnyango Chief Litigation Counsel,Gikandi,Gikandi together Mr,Gikandiand Mr,Lumatete Learned Counsel,Hallet,Lumatete,Onyango,Campbell,Gikandisays,Onyango learned Chief Litigation,Onyango theLearned Chief LitigationCivil Appli 141 of 1998

Division and case type: CivilCivil Appli

…He said the applicant has notshown the substantial loss it would suffer.…

…If there isno evidence of substantial loss to theapplicant it would be a rare case when anappeal would be rendered nugatory by someother event.…

15 min read

Judgment[2020] KEHC 60621 December 2020

Atlantis Kenya Limited v Chebuswa Limited

High Court at MalindiCase number Miscellaneous Civil Application E13 of 2020

Division and case type: CivilMiscellaneous Civil Application

…At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…

…That the substantial loss may result to the applicant unless the order is made. (4). That the successful party is entitled to the enjoyment of the fruits of his or her success.…

6 min read