[1999] KECA 92 (KLR)
The Court found that the applicant was only seeking a stay of execution of the order for costs, and there was no suggestion or evidence that the costs, if taxed and paid, would not be recoverable should the intended appeal succeed. In the absence of such evidence, the Court held that there was no basis for granting...
Source-derived case information.
- Citation
- [1999] KECA 92 (KLR)
- Parties
- Applicant: Chanase Investment Limited; Respondent: Registered Trustee of Kenaya Episcopal Conference
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 54 of 1999
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Judges
- JE Gicheru, AB Shah
- Legal Topics
- Stay of Execution, Costs Pending Appeal
- 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
Chanase Investment Limited
Applicant
Registered Trustee of Kenaya Episcopal Conference
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending appeal.
- 2 Whether the order for costs can be stayed pending appeal.
Ratio Decidendi
The Court found that the applicant was only seeking a stay of execution of the order for costs, and there was no suggestion or evidence that the costs, if taxed and paid, would not be recoverable should the intended appeal succeed. In the absence of such evidence, the Court held that there was no basis for granting a stay of execution. Consequently, the application for stay was 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
22 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
civ app 54 of 99
CHANASE INVESTMENT LIMITED...............................APPLICANT
AND
REGISTERED TRUSTEE OF KENAYA EPISCOPAL CONFERENCE....................................RESPONDENT
(Application for stay of execution pending an intended appeal from High Court of Kenya at Machakos from the ruling (Hon. Justice J.W. Mwera) delivered on 25/11/98
in
H.C.C.C. NO. 584 OF 1994)
***********************
RULING OF THE COURT
The applicant, Chanase Investments Limited, seeks an order for stay of execution pending appeal. It is clear that it seeks stay of execution of the order for costs for it cannot seek any other stay order. It has not been suggested that costs, if taxed and paid, will not be recvoverable, if the intended appeal succeeds. In the circumstances this application is dismissed with no order as to costs.
Dated and delivered at Nairobi this 16th day of September, 1999.
J.E. GICHERU
..............
JUDGE OF APPEAL
A.B. SHAH
..............
JUDGE OF APPEAL
E. OWUOR .............. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.