ABC Capital Bank Ltd v Shire Petroleum and Others (Miscellaneous Application 2304 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application for stay of execution dismissed as overtaken by events. A consent order had already been entered in the parent application (Miscellaneous Application No. 2303 of 2024) staying execution of the decree until disposal of the applicant's appeal. Since the parent application was disposed of by consent, the current application became moot.

Outcome

Application dismissed as moot following consent order in parent application

Facts

ABC Capital Bank Ltd filed an exparte application seeking an interim order to stay execution of the decree in Civil Suit No. 487 of 2012. The application arose from Miscellaneous Application No. 2303 of 2024. Before the hearing scheduled for 1st April 2026, the parties had uploaded a consent order on ECCMIS in the parent application (Miscellaneous Application No. 2303 of 2024) staying execution of the decree until disposal of the applicant's appeal in the Court of Appeal. The consent order disposed of the parent application, rendering the current application moot.

Issues

1. Whether the application for stay of execution should be granted given that a consent order had already been entered in a related application.

Orders

• Application dismissed as overtaken by events.
• No order as to costs.

Legislation cited (7)

• Judicature Act Cap 16 s.37
• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 22 Rule 23(1)
• Civil Procedure Rules SI 71-1 Order 22 Rule 89
• Civil Procedure Rules SI 71-1 Order 43 Rule 4
• Civil Procedure Rules SI 71-1 Order 52 Rule 1
• Civil Procedure Rules SI 71-1 Order 52 Rule 3

The original judgment as reported. Read the original PDF before relying on any passage.