[1998] KEHC 120 (KLR)
The court found that the applicant had demonstrated that the appeal was arguable and that there was a risk the appeal would be rendered nugatory if a stay was not granted. The court considered the submissions of both parties and the record, and determined that the ends of justice would be met by granting the stay as...
Source-derived case information.
- Citation
- [1998] KEHC 120 (KLR)
- Parties
- Appellant: Felista Wanjiru Nyingi; Respondent: Samuel Chege Gachie
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 49 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay Pending Appeal
- Outcome
- application for stay of execution pending appeal allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Stay of Execution, Ex Parte Judgment, Appeal Procedure
- 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
Felista Wanjiru Nyingi
Appellant
Samuel Chege Gachie
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal.
- 2 Whether the appeal would be rendered nugatory if the stay is not granted.
- 3 Whether the applicant has demonstrated an arguable appeal.
Ratio Decidendi
The court found that the applicant had demonstrated that the appeal was arguable and that there was a risk the appeal would be rendered nugatory if a stay was not granted. The court considered the submissions of both parties and the record, and determined that the ends of justice would be met by granting the stay as prayed in the chamber summons dated 2nd March, 1998. Accordingly, the application for stay of execution pending appeal was allowed, with costs to be in the cause.
Court Disposition
application for stay of execution pending appeal allowed
Orders
- Stay of execution granted as prayed in the chamber summons dated 2nd March, 1998.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 49 OF 1998
FELISTA WANJIRU NYINGI.......................................PLAINTIFF VERSUS SAMUEL CHEGE GACHIE...........................................DEFENDANT
RULING
When the learned trial magistrate made an order to set aside the ex-part judgment, the same was on condition that a sum of Kshs. 273,933/- be deposited.
There has been an appeal filed which is pending for hearing. As of now the court is only concerned with the issue of whether or not the said appeal shall be rendered nugatory ;if the said order is not stayed. Further, the applicant has to show there is an arguable appeal.
I have given consideration tot he submissions made by both learned counsel. I have related the same to the record before me and I believe the ends of justice shall be met if a stay is granted as prayed in the chamber summons dated 2nd March, 1998.
Accordingly the application succeeds and costs shall be in the cause.
Orders accordingly.
Dated and delivered at Nairobi this 25th day of June, 1998
A. MBOGHOLI MSAGHA JUDGE