Samson Ngugi Ichungwa t/a Grenair v National Industrial Credit Bank & 2 others (Civil Appeal (Application) E341 of 2021) [2022] KECA 1139 (KLR) (21 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1139
- Citation
- [2022] KECA 1139 (KLR)
- Decided
- 21 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay of proceedings pending appealCoramHA OMONDI, JUDGE OF APPEAL, MS ASIKE-MAKHANDIA, JUDGE OF APPEAL, J. MOHAMMED, JUDGE OF APPEAL
Holding
The application for stay of proceedings is dismissed with costs to the respondents.
Facts
The applicant, Samson Ngugi Ichungwa t/a Grenair, sought an order of stay of proceedings in HCCC No. 86 of 2010 pending the hearing and determination of the intended appeal against the High Court's ruling dated 29th April, 2021.
Issues
- Whether the intended appeal is arguable
- Whether the appeal will be rendered nugatory if the stay is not granted
Reasoning
The Court found that the intended appeal is not arguable due to the grounds having been raised and adequately addressed in other proceedings, and the formal proof has already been conducted and is pending judgment.
Outcome
Dismissed
Orders
- The notice of motion dated 30th July, 2021 is hereby dismissed with costs to the respondents.
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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