Najib Balala & 13 others v David M Githere & 9 others [2005] KECA 139 (KLR)
- Court
- Court of Appeal
- Case number
- 139
- Citation
- [2005] KECA 139 (KLR)
- Decided
- 16 September 2005
Summary at a glance
Facts
KNCCI dissolved the management committee of its Mombasa Branch and appointed a task force committee. The applicants filed a Judicial Review application seeking to quash the decision, but the application was set aside with costs. The applicants then filed a bill of costs for instruction fees, which was taxed, and objected to the amount. The applicants sought a stay of execution pending the objection, which was granted ex parte.
Issues
- Whether the application for stay of execution is misconceived
- Whether the applicants' intended appeal is arguable and likely to be rendered nugatory if the order of stay is not granted
Reasoning
The court found the application for stay of execution misconceived as the decision is not capable of execution. However, in the interest of justice, an order of stay of execution is granted to recover taxed costs and additional costs pending the hearing and determination of the intended appeal.
Outcome
The application for stay of execution is granted.
Orders
- Order of stay of execution to recover taxed costs and additional costs pending the hearing and determination of the intended appeal
Remedies
- Stay of execution of taxed costs and additional costs
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