Yusuf Mbuno (CEO) v Okiya Omtata & 7 others [2021] KECA 612 (KLR)
- Court
- Court of Appeal
- Case number
- 612
- Citation
- [2021] KECA 612 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings pending appealCoramS. GATEMBU KAIRU, J. MOHAMMED, S. ole KANTAI
Holding
The Motion for stay of proceedings is dismissed with no order on costs.
Facts
The appellant/applicant, Yusuf Mbuno, was dissatisfied with the ruling of Odunga, J. in the High Court of Kenya at Nairobi in Petition No. 474 of 2017, where he was ordered to file an appeal.
Issues
- Locus standi of the petitioner
- Jurisdiction of the trial court
Reasoning
The Court found that the appeal is arguable and a single arguable point is sufficient. However, the applicant did not provide evidence that the appeal would be rendered nugatory without a stay, thus failing the second limb of the application.
Outcome
Dismissed with no order on costs
Authorities cited
Cases cited (2)
- Stanley Kinyanjui Kangethe v Tony Ketter & Others [2013] eKLR
- Dennis Mogambi Mang’are v Attorney-General & 3 Others [2012] eKLR
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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