Samuel Ogodo Waga v Fish Processors (2000) Ltd [2015] KECA 561 (KLR)

Facts

The applicant appealed against a decision denying him leave to amend his statement of defence. He then applied to review, vary or set aside the appeal judgment. The High Court dismissed his application for review. The applicant then moved for an order to set aside the taxed bill of costs and for a stay of execution pending appeal. The High Court dismissed this application. The applicant then filed the present application for a stay of execution on any subsequent proceedings until the appeal is heard and determined.

Issues

1. Whether the applicant's application for a stay of execution is relevant and should be granted.
2. Whether the appeal has been rendered nugatory due to the dismissal of the applicant's application for review.

Reasoning

The powers of the Court under rule 5(2)(b) of the rules of the Court are aimed at maintaining a state of affairs where an applicant makes out an arguable appeal and demonstrates that the intended appeal will be rendered nugatory unless the temporary orders sought are granted. Since the appeal has been heard and determined, there is no basis for the Court to exercise jurisdiction under rule 5(2)(b) of the rules of the Court.

Outcome

Application dismissed