[2001] KECA 184 (KLR)
The Court found that the applicant had not demonstrated that leave to appeal was sought or obtained within the time prescribed by the Civil Procedure Rules. Since no appeal lies from the order in question without such leave, and there was no evidence that the necessary procedural steps had been taken, the...
Source-derived case information.
- Citation
- [2001] KECA 184 (KLR)
- Parties
- Applicant: Cecilia Ntara; Respondent: Orix Oil Kenya Ltd.
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 132 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Intended Appeal
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Leave to Appeal, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Ntara
Applicant
Orix Oil Kenya Ltd.
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending an intended appeal.
- 2 Whether leave to appeal was required and, if so, whether it was sought within the prescribed time.
Ratio Decidendi
The Court found that the applicant had not demonstrated that leave to appeal was sought or obtained within the time prescribed by the Civil Procedure Rules. Since no appeal lies from the order in question without such leave, and there was no evidence that the necessary procedural steps had been taken, the application for stay of execution could not be entertained. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for stay of execution is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NYERI (CORAM: KWACH, OMOLO & BOSIRE, JJ.A) CIVIL APPLICATION NO. NAI. 132 OF 2001 (UR. 73/2001) BETWEEN
CECILIA NTARA ........................................APPLICANT AND ORIX OIL KENYA LTD. ..................................RESPONDENT
(Application for stay of execution in an intended appeal from a ruling of the High Court of Kenya at Meru (Mr. Justice Tuiyot) dated 19th April, 2001in H.C.C.C NO. 35 OF 1999) ************** RULING OF THE COURT
This is an application underrule 5(2)(b) of the Rules of this Court for a stay of what is essentially execution process under Order 21 of the Civil Procedure Rules. No appeal lies from that order without the leave of the superior court and there in no evidence that an application for leave to appeal was made within the time prescribed by Order 42 rule 2(3) of the Civil Procedure Rules.
For these reasons this application fails and is dismissed but with no order as to costs.
Dated and delivered at Nyeri this 18th day of May, 2001.
R.O KWACH ............... JUDGE OF APPEAL
R.S.C OMOLO ............... JUDGE OF APPEAL
S.E.O BOSIRE ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR