Chege v Mahee Flowers Limited & another (Civil Case E004 of 2024) [2025] KEHC 18373 (KLR) (16 December 2025) (Ruling)

The High Court lacks jurisdiction to determine the competence of the appeal or to grant the orders sought, as the matter is properly before the Court of Appeal.

Citation: [2025] KEHC 18373 (KLR)
Parties: Appellant/respondent: Jeff Mwangi Chege; 1st Respondent/applicant: Mahee Flowers Limited; 2nd Respondent/applicant: East African Growers Limited
Court: High Court
Jurisdiction: Kenya
Judgment Date: 16 December 2025
Case Number: Civil Case E004 of 2024
Procedural Posture: Civil Appeal / Ruling on Application for Stay of Proceedings and Execution Pending Appeal
Outcome: Application dismissed for want of jurisdiction
Legal Topics: Stay of Proceedings, Jurisdiction, Appeal Process
Source Language: English

Civil Procedure Stay of Proceedings Jurisdiction Appeal Process

Case Brief

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Parties

Jeff Mwangi Chege

Appellant/respondent

Mahee Flowers Limited

1st Respondent/applicant

East African Growers Limited

2nd Respondent/applicant

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Proceedings and Execution Pending Appeal

Legal Issues

1 Whether the High Court has jurisdiction to grant stay of proceedings and execution pending appeal when the appeal is before the Court of Appeal
2 Whether there is a competent appeal before the Court of Appeal

Ratio Decidendi

The High Court lacks jurisdiction to determine the competence of the appeal or to grant the orders sought, as the matter is properly before the Court of Appeal.

Court Disposition

Application dismissed for want of jurisdiction

Orders

Applicants to make the application before the Court of Appeal
Costs shall be in the cause