Chege v Mwangi (Civil Appeal (Application) E078 of 2024) [2025] KECA 2229 (KLR) (19 December 2025) (Ruling)

Facts

The appellant, John Maina Chege, filed an appeal on 29th April 2024, seeking a stay of proceedings in the Murang’a High Court Case Number E009 of 2021. He alleged that the High Court's ruling was in conflict with a previous ELC decision in Murang’a ELC No. 379 of 2017, which had dismissed the suit between the same parties.

Issues

1. Whether the appeal is arguable
2. Whether the intended appeal would be rendered nugatory if the stay is not granted

Reasoning

The court found that the appeal is not arguable because the points raised in the preliminary objection must be considered against the verdict in the case named to determine whether the matter is res judicata. The court also noted that the appeal will not be rendered nugatory by the mere fact that the trial court may have to hear the appeal before the appeal to the Court of Appeal is heard and determined.

Outcome

Application dismissed

Authorities cited