Mubwana v Family Bank Limited (Civil Appeal E090 of 2023) [2024] KECA 234 (KLR) (8 March 2024) (Ruling)

Facts

The applicant, Yusuf Hassan Mubwana, sought a stay of execution of a judgment and decree made by the High Court of Kenya at Mombasa, claiming that the High Court denied him the right to be heard in his defence and to defend the respondent's claim against him.

Issues

1. Whether the appeal is arguable.
2. Whether the High Court breached the fundamental principles of natural justice, fair hearing, and fair administrative action by failing to hear the applicant's defence and preliminary objection.

Reasoning

The Court found that the applicant failed to satisfy the first limb of the requirement for an arguable appeal, as the intended appeal does not raise a bona fide issue worthy of consideration.

Outcome

Application dismissed

Authorities cited