FWK v JGK (Civil Application E042 of 2024) [2025] KECA 592 (KLR) (14 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 592
- Citation
- [2025] KECA 592 (KLR)
- Decided
- 14 March 2025
The court dismisses the application for stay of execution, finding no merit in it and that the applicant has not satisfied the second principle that the appeal will be rendered nugatory if the order sought is not granted.
Facts
The applicant, Fredrick W. Kiruja, sought a stay of execution of a judgment declaring L.R. Kianjai/Mituntu/257 a matrimonial property and distributing it between him and the respondent. The respondent, JGK, opposed the stay, arguing that the applicant had delayed filing the application and that the respondent intended to live on the property.
Issues
- Whether the applicant's appeal is arguable and likely to succeed
- Whether the respondent's evidence was uncontroverted and the applicant's application for stay is nugatory
Reasoning
The court considers the delay in filing the application and the respondent's evidence, concluding that the applicant has not shown that the appeal will be rendered nugatory if the stay is not granted and the appeal succeeds.
Outcome
Application dismissed with costs to the respondent
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