Timothy Shivaji Mwanje v Horry Akalo Ng’anga [2020] KEELC 582 (KLR)
- Court
- Environment & Land Court
- Case number
- 582
- Citation
- [2020] KEELC 582 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramN.A. MATHEKA
Holding
The application is dismissed with costs as the appeal is not arguable and would not be rendered nugatory if the stay is not granted.
Facts
The defendant filed an application to extend time in the Court of Appeal and intended to appeal a judgment given on 24th June, 2020. The plaintiff, dissatisfied with the judgment, filed an application for a stay of execution pending the appeal.
Issues
- Whether the appeal is arguable
- Whether the success of the appeal would be rendered nugatory if the stay is not granted
- Whether substantial loss would result to the applicant if the stay is not granted
- Whether security has been given by the applicant
Reasoning
The court found the appeal not arguable and dismissed it. The court also found the applicant did not meet the conditions for a stay of execution.
Outcome
Application dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Reliance Bank Ltd (In Liquidation) vs. Norlake Investments Ltd
- Chris Munga N. Bichange vs. Richard Nyagaka Tongi & 2 Others
- Mohamed Salim T/A Choice Butchery vs. Nasserpuria Memon Jamat
- Carter & Sons Ltd vs. Deposit Protection Fund Board
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.
Loading judgment…