Suleiman Abdalla Ewaton v Trustees Muslim Association Jamia Mosque Committee & 3 others [2018] KECA 707 (KLR)
- Court
- Court of Appeal
- Case number
- 707
- Citation
- [2018] KECA 707 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and proceedings pending appealCoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
The application is dismissed. The costs of the application shall abide the outcome of the appeal.
Facts
The applicant sought orders against the respondents to abstain from certain acts pending the hearing and determination of the application, but the High Court granted the respondents' application for stay of execution.
Issues
- Whether the intended appeal is arguable
- Whether the learned Judge erred in granting orders of stay of execution
Reasoning
The Court found the intended appeal to be arguable but the applicant failed to demonstrate the existence of both limbs as required by Rule 5(2)(b) of the Court of Appeal Rules.
Outcome
Application dismissed
Orders
- Application for stay of execution and proceedings dismissed
Remedies
- Costs of the application shall abide the outcome of the appeal
Authorities cited
Cases cited (3)
- Stanley Kang'ethe Kinyanjui Vs Tony Ketter & 5 Others [2013] eKLR
- Damji Pragji Mandavia v Sara Lee Household & Body Care (K) Ltd, Civil Application No. Nai 345 of 2004
- Reliance Bank Ltd v Norlake Investments Ltd [2002] 1 EA 227
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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