[1996] KECA 1 (KLR)
The Court held that the order sought to be stayed was not solely about costs but was a dismissal of the applicant's suit. Even if the order were only about costs, the applicant would be refunded if successful on appeal, and there is no basis for granting a stay of execution in respect of costs alone. The applicant...
Source-derived case information.
- Citation
- [1996] KECA 1 (KLR)
- Parties
- Applicant: Francis Kabaa; Respondent: Nancy Wambui; Respondent: Jane Wanjiru
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 298 of 1996
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application refused
- Judges
- AM Akiwumi, GS Pall
- Legal Topics
- Stay of Execution, Costs Orders, Appeals Process
- 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
Francis Kabaa
Applicant
Nancy Wambui
Respondent
Jane Wanjiru
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution can be granted in respect of an order for costs only.
- 2 Whether the applicant has provided sufficient grounds for the grant of stay of execution.
Ratio Decidendi
The Court held that the order sought to be stayed was not solely about costs but was a dismissal of the applicant's suit. Even if the order were only about costs, the applicant would be refunded if successful on appeal, and there is no basis for granting a stay of execution in respect of costs alone. The applicant failed to provide any cogent reason for the grant of a stay. Accordingly, the application for stay was refused and the applicant was ordered to pay the costs of the application.
Court Disposition
application refused
Orders
- The application for stay of execution is refused.
- The applicant will pay the costs of this application.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, AKIWUMI & PALL JJ.A.)
CIVIL APPLICATION NO.NAI 298 OF 1996 (113/96 UR)
BETWEEN
FRANCIS KABAA….....………………………………………………APPLICANT
AND
NANCY WAMBUI
JANE WANJIRU…………………………………………………RESPONDENTS
(Application for stay of execution in an intended appeal from Ruling or Order of the High Court of Kenya at Nairobi (Justice Sheikh Amin) dated 14th September, 1994
In
H.C.C.C.NO. 206 OF 1994)
*************
RULING OF THE COURT
The application according to the notice of motion is to stay the order of Amin, J. in which he dismissed the applicant’s suit then before him. Before us the applicant says that what he wants is a stay of an order that he should pay costs. But this is not really what the order of Amin, J. was all about. In any case, even if that were so, the appellant, if he succeeds in his appeal, would be refunded his costs. Furthermore, we do not think that stay can be granted in respect of costs. The appellant has also not given any cogent reason why he should be granted stay. In all the circumstances, the order that commends itself to us is that the application be refused and it is hereby so ordered. The applicant will pay the costs of this application.
Dated and delivered at Nairobi this 11th day of December, 1996
R.S.C OMOLO
…………………….
JUDGE OF APPEAL
A.M. AKIWUMI
………………………
JUDGE OF APPEAL
G.S. PALL
………………………
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR