[2000] KECA 183 (KLR)
The Court found that the applicants had satisfied the two limbs required for the grant of a stay under Rule 5(2)(b) of the Court of Appeal Rules: (1) that there is an arguable appeal, and (2) that if a stay is not granted, the appeal would be rendered nugatory. The Court was satisfied, after hearing both parties,...
Source-derived case information.
- Citation
- [2000] KECA 183 (KLR)
- Parties
- Applicant: Bearing House (1985) Limited; Applicant: Premchand Lakshmi Shah; Applicant: Ashphil M. Shah; Applicant: Sompchand Lakshmi Shah; Applicant: Rajpelni Premchand Shah; Respondent: Reliance Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 187 of ??
- Procedural Posture
- Civil Application / Application for Stay Pending Appeal
- Outcome
- application for stay granted with conditions
- Judges
- E Owuor, EO O'Kubasu
- Legal Topics
- Stay of Execution, Appeal Process, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bearing House (1985) Limited
Applicant
Premchand Lakshmi Shah
Applicant
Ashphil M. Shah
Applicant
Sompchand Lakshmi Shah
Applicant
Rajpelni Premchand Shah
Applicant
Reliance Bank Limited
Respondent
Procedural Posture
Civil Application / Application for Stay Pending Appeal
Legal Issues
- 1 Whether the applicants have demonstrated an arguable appeal warranting a stay of execution.
- 2 Whether refusal of stay would render the intended appeal nugatory.
Ratio Decidendi
The Court found that the applicants had satisfied the two limbs required for the grant of a stay under Rule 5(2)(b) of the Court of Appeal Rules: (1) that there is an arguable appeal, and (2) that if a stay is not granted, the appeal would be rendered nugatory. The Court was satisfied, after hearing both parties, that these conditions were met and therefore allowed the application for stay, subject to the applicants paying Kshs. 500,000 per month from 31 July 2000 and depositing log books as specified in the motion within 14 days.
Court Disposition
application for stay granted with conditions
Orders
- Stay of execution granted as prayed.
- Applicants to pay Kshs. 500,000 per month with effect from 31 July 2000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAIROBICORAM: LAKHA, OWUOR & O'KUBASU, JJ.A.CIVIL APPLICATION NO. NAI. 187 OF 2000 (83/2000 IR)BETWEEN
BEARING HOUSE (1985) LIMITED.......................1ST
APRPEPMLCIHCAANNDT LAKMSHI SHAH.............................2ND
AASPHPILTI CANT M. SHAH......................................3RD
ASOPMPCLHIACNADN T LAKAMSHI SHAH.............................4TH
RAPJPELNI CANT PREMCHAND SHAH...............................5TH
APPLICANT
AND
RELIANCE BANKLIMITED.................................RESPONDENTRULING OF THE COURT
This is an application for a stay under rule 5(2)(b) of the Rules of this Court. The principles upon which this Court grants is now well settled. Having heard the advocates for the parties we are satisfied that the applicants have an arguable appeal and that if a stay is withheld the appeal will be reAncdceorreddi nngulgya,t otrhye. application succeeds and stay is granted as prayed on condition that the applicants do pay Kshs.500,000/= per month with effect from 31 July 2000 and deposit log books as specified in paragraph (vii) of the motion within 14 days hereof.
Dated and delivered at Nairobi this 20th day of July,
2000.
A.A. LAKHA
...................
JUDGE OF APPEAL
E. OWUOR
.................
JUDGE OF APPEAL
E. O'KUBASU
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original DEPUTY REGISTRAR.