Ibrahim & another v Muhsin & 2 others (Civil Application E044 of 2025) [2026] KECA 349 (KLR) (27 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 349
- Citation
- [2026] KECA 349 (KLR)
- Decided
- 27 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from a High Court judgmentCoramF. Macharia, A. K. Murgor, P. Nyamweya
Holding
The application for stay of proceedings and stay of execution is allowed.
Facts
The applicants and the respondent were business partners in Zumzum Investments Limited. Disputes arose between them, leading to several lawsuits and a mediation agreement. The High Court upheld the mediation agreement and ordered specific performance, but the respondent appealed and sought a stay of execution.
Issues
- Whether the intended appeal is arguable
- Whether the appeal will succeed on the grounds raised
- Whether the appeal will be rendered nugatory
- Whether the stay of proceedings and stay of execution should be granted
Reasoning
The court found that the intended appeal is arguable and that the appeal will be rendered nugatory if the stay is not granted. The court also found that the applicants will suffer irreparable harm if the stay is not granted.
Outcome
The application for stay of proceedings and stay of execution is granted.
Orders
- Stay of proceedings and stay of execution
Remedies
- Costs of the application shall be costs in the intended appeal
Authorities cited
Legislation (1)
- Rule 5 (2) (b) of the Court of Appeal rules
Cases cited (2)
- Trust Bank Limited and Another v Investech Bank Limited & 3 Others [2000] eKLR
- James Nthuku Kithinji v The Director of Public Prosecutions & The Chief Magistrate’s Court at Nairobi Kibera Law Courts, Petition (Application) No. 29 (E033) of 2022
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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