[2000] KECA 274 (KLR)
The Court of Appeal, having considered the draft rulings of the other judges, found merit in the application for stay of proceedings. The court exercised its discretion in favour of the applicants, concluding that the interests of justice required that the proceedings in the lower court be stayed pending the...
Source-derived case information.
- Citation
- [2000] KECA 274 (KLR)
- Parties
- Applicant: Dipak Panachand Shah; Applicant: Mitesh Fulchand Shah; Respondent: The Resident Magistrate Nairobi; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 81 of ??
- Procedural Posture
- Stay Application / Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings granted with costs to the applicants.
- Legal Topics
- Stay of Proceedings, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dipak Panachand Shah
Applicant
Mitesh Fulchand Shah
Applicant
The Resident Magistrate Nairobi
Respondent
The Attorney General
Respondent
Procedural Posture
Stay Application / Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether a stay of proceedings should be granted pending the hearing and determination of an appeal.
Ratio Decidendi
The Court of Appeal, having considered the draft rulings of the other judges, found merit in the application for stay of proceedings. The court exercised its discretion in favour of the applicants, concluding that the interests of justice required that the proceedings in the lower court be stayed pending the determination of the appeal. The court was satisfied that the applicants had demonstrated sufficient cause and that the appeal was not frivolous. Accordingly, the application for stay was granted with costs to the applicants.
Court Disposition
Application for stay of proceedings granted with costs to the applicants.
Orders
- Stay of proceedings in the lower court granted pending hearing and determination of the appeal.
- Costs of the application awarded to the applicants.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: GICHERU, OWUOR & KEIWUA, JJ.A CIVIL APPLICATION NO. NAI.81 OF 2000 (UR.37/2000) BETWEEN DIPAK PANACHAND SHAH AND MITESH FULCHAND SHAH .............................. APPLICANTS AND THE RESIDENT MAGISTRATE NAIROBI AND THE ATTORNEY GENERAL ..............................RESPONDENTS (Application for stay of proceedings pending the hearing and determination of an Appeal from the ruling of the High Court of Kenya at Nairobi (Mr. Justice Githinji) dated 13th March, 2000 in H.C.MISC.APPL. NO. 189 OF 2000) ****************** RULING OF GICHERU, J.A. I have had the advantage of reading in draft the rulings of Owuor and Ole Keiwua, JJA . I agree that this application should be granted with costs to the applicants and it is so ordered. Dated and delivered at Nairobi this 7th day of July, 2000. J. E. GICHERU -------------------- JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR