David Matuna & 21 others v Lukenya Ranching & Farming Co-op Society Limited [2001] KECA 74 (KLR)
- Court
- Court of Appeal
- Case number
- 74
- Citation
- [2001] KECA 74 (KLR)
- Decided
- 11 May 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution in an intended appealCoramA. B. Shah, S. E. O. Bosire, E. O. O'Kubasu
Holding
The application for stay is dismissed with costs.
Facts
David Matuna and 21 others applied for a stay of execution of a ruling by Mwera J dismissing an application to set aside a judgment, fearing eviction from the suit land. They also sought a stay of further proceedings in the underlying case.
Issues
- Whether the applicants' intended appeal is arguable.
- Whether granting a stay would render the intended appeal nugatory.
Reasoning
The court found that the applicants have not satisfied the court that their intended appeal is arguable and that success in the appeal would not render the intended appeal nugatory.
Outcome
Dismissed with costs
Orders
- Application for stay of execution of decree by way of eviction or otherwise dismissed.
- Application for stay of further proceedings in MKS.H.C.C.C. NO. 97 OF 1997 dismissed.
Authorities cited
Cases cited (2)
- TRUST BANK LIMITED & ANOTHER V INVESTECH BANK LIMITED & 3 OTHERS
- Civil Application NOS. NAI 258 & 315 OF 1999 (unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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