[2002] KECA 256 (KLR)
The court found that the applicant failed to demonstrate any urgency in the application for stay of execution. The judgment intended to be appealed against was delivered on 13th October, 2000, and there was no evidence presented to show that the appeal was arguable or that it would be rendered nugatory if the...
Source-derived case information.
- Citation
- [2002] KECA 256 (KLR)
- Parties
- Applicant: Gateway Insurance Company Limited; Respondent: Credit Kenya Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 222 of 2002
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Intended Appeal
- Outcome
- application refused with costs
- Legal Topics
- Stay of Execution, Urgency of Application, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gateway Insurance Company Limited
Applicant
Credit Kenya Limited
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether the application for stay of execution should be certified as urgent.
- 2 Whether the applicant has demonstrated sufficient grounds for urgency.
Ratio Decidendi
The court found that the applicant failed to demonstrate any urgency in the application for stay of execution. The judgment intended to be appealed against was delivered on 13th October, 2000, and there was no evidence presented to show that the appeal was arguable or that it would be rendered nugatory if the application was not heard urgently. The grounds set out in the supporting affidavit did not satisfy the court as to the existence of urgency. Consequently, the application for urgency was refused with costs to the respondent.
Court Disposition
application refused with costs
Orders
- The application for urgency is refused.
- The applicant shall pay the costs of this application.
Full Case Text
Judgment text and source record
18 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 222 OF 2002 (112/2002 UR)
BETWEEN
GATEWAY INSURANCE COMPANY LIMITED .......................APPLICANT
AND
CREDIT KENYA LIMITED .....................................................RESPONDENT
(Application for Stay of Execution in an intended appeal from the Ruling of the High Court of Kenya at Nairobi (Lady Justice Ang'awa) delivered on 13th October, 2000
in
H.C.C.C. NO. 1549 OF 1994)
****************
R U L I N G
This is an inter-partes hearing of an application for urgency. I have heard nothing to show why or how this application is urgent. The judgment intended to be appealed against was delivered on 13th October, 2000. I have not been shown that the appeal is arguable or that it will be rendered nugatory if this application is not heard urgently. For the grounds set out in para 10 of the supporting affidavit, I am, in addition, satisfied there is no urgency.
Application refused with costs.
Made and delivered at Nairobi this 15th day of August, 2002.
A.A. LAKHA ................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR