Kiragu & 2 others v Kiragu & 6 others (Civil Application E273 of 2021) [2022] KECA 92 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 92
- Citation
- [2022] KECA 92 (KLR)
- Decided
- 4 February 2022
The application is dismissed as the applicants have demonstrated an arguable appeal but have failed to establish that the intended appeal will be rendered nugatory, absent stay.
Facts
The applicants (Jane Alice Wambui Kiragu, Silas Macharia Kariuki, Margaret Wangari Nginyo) sought an order staying further proceedings in Nairobi HCSC No.336/2020 and all orders and consequential orders of S. Mutuku, J. dated 27th July,2021, alleging that the respondents were intermeddling with the estate of Lawrence Nginyo Kariuki.
Issues
- Whether the intended appeal is arguable.
- Whether the intended appeal will be rendered nugatory if the orders sought are not granted.
Reasoning
The Court considered the principles for granting a stay of execution, injunction or stay proceedings under Rule 5(2)(b) of this Court’s Rules, and found that the intended appeal is arguable but not necessarily one that must succeed. The Court also determined that the intended appeal will not be rendered nugatory.
Outcome
Application dismissed
Orders
- Application for stay of proceedings order pending the hearing and determination of an intended appeal is dismissed.
Remedies
- Each party to bear their own costs.
Authorities cited
Legislation (1)
- Law of Succession Act
Cases cited (2)
- Trust Bank Limited and Another v. Investech Bank Limited and 3 Others [2000] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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