Nkama Group Ranch & 3 others v Nakaya (Civil Application E416 of 2020) [2022] KECA 98 (KLR) (4 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 98
- Citation
- [2022] KECA 98 (KLR)
- Decided
- 4 February 2022
The Court finds the intended appeal arguable and grants a stay of execution and further proceedings pending the hearing and determination of the appeal.
Facts
Nkama Group Ranch and three others filed an application for a stay of execution and further proceedings pending an appeal against a judgment issued by the Environment & Land Court of Kenya at Kajiado.
Issues
- Whether the intended appeal is arguable.
- Whether the appeal is nugatory and whether granting a stay of execution and further proceedings is justified.
Reasoning
The Court considers the jurisdiction under Rule 5(2)(b) of the Court of Appeal Rules, finding the appeal arguable due to the presence of an arguable ground. The Court also considers the nugatory aspect, finding the appeal not nugatory given the potential hardship to the applicants if execution proceeds.
Outcome
The Court grants the application for a stay of execution and further proceedings.
Orders
- Stay of execution of the orders made in the judgment of 29th May, 2020 in Kajiado ELC No. 667 of 2017 and any other consequential proceedings or orders arising from the said judgment in Kajiado ELC Misc. Application No. E001 of 2020.
- Stay of further proceedings pending the hearing and determination of the appeal against the said judgment.
Remedies
- Stay of execution and further proceedings
Authorities cited
Legislation (1)
- Court of Appeal Rules 2010
Cases cited (6)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
- Teachers Service Commission vs Kenya National Union of Teachers, Sup. Ct. Appl. No. 16 of 2015
- Dennis Mogambi Mang’are V. Attorney General & 3 Others Civil Application No Nai 265 of 2011
- Reliance Bank Limited v. Norlake Investments Ltd [2002]1 EA 227
- Wasike V Swala [1984] 591
- International Labor Laboratory for Research on Animal Diseases vs. Kinyua, [1990] KLR 403
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