Hussein v Habib & 3 others (Civil Application E032 of 2023) [2024] KECA 1217 (KLR) (20 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1217
- Citation
- [2024] KECA 1217 (KLR)
- Decided
- 20 September 2024
The Court finds that the applicant has not satisfied the twin principles required for a stay of the ELC orders. The applicant has not demonstrated that his appeal is arguable or that it would be rendered nugatory without a stay. The application is dismissed with costs.
Facts
The applicant, Abdisalan Hussein, seeks a stay of proceedings in the Environment and Land Court (ELC) case E300 of 2022, pending the hearing and determination of his appeal in the Court of Appeal case E544 of 2023. The ELC case involves a ruling and orders granted by Mbugua, J., which the applicant claims should be stayed due to the pending appeal.
Issues
- Whether the applicant has an arguable appeal that would be rendered nugatory without a stay of the ELC orders.
- Whether the applicant's appeal is sufficiently pleaded to warrant a stay of the ELC orders.
Reasoning
The Court held that the applicant must demonstrate that his appeal is arguable and that it would be rendered nugatory without a stay. The applicant failed to show that his appeal is arguable or that it would be rendered nugatory without a stay. The Court dismissed the application.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (3)
- David Morton Silverstein v Atsango Chesoni [2000] eKLR
- Yellow Horse Inns Ltd v A. A Kawir Transporters and 4 others [2014] eKLR
- Kenya Commercial Bank Limited v Nicholas Ombija [2009] eKLR
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