Mandila & 2 others v Swali (Civil Appeal 20 of 2021) [2024] KEHC 14583 (KLR) (19 November 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 14583
- Citation
- [2024] KEHC 14583 (KLR)
- Decided
- 19 November 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramSC CHIRCHIR
Holding
The court is not functus ocio and the application is not resjudicata. The applicant has not satisfied the conditions for stay.
Facts
The applicants were previously members of Evangelical Free Mission in Kenya and were elected as the Secretary General. They lost an election and formed a splinter group, obtaining an ex parte order declaring them as church officials. The suit was later dismissed, leading to an appeal.
Issues
- whether the court is functus ocio
- whether the application is resjudicata
- whether the applicant has satisfied the conditions for stay
Reasoning
The court found that the application is not functus ocio as it is facilitative and not about revisiting the decision. The applicant has not demonstrated that there was an application seeking a stay pending appeal. The conditions for stay are not met.
Outcome
The application for stay of execution is denied.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Leisure Lodge Ltd vs Japhet Asige and another (2018) EKLR
- Telkom Kenya Ltd vs John Ochanda
- Bernard Mugo Ndegwa vs James Githae and 2 Others (2010) eKLR
- Butt v Rent Restriction Tribunal (1982) KLR 417
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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