[1997] KECA 225 (KLR)
The Court found that the applicants failed to demonstrate any arguable grounds in the intended appeal and did not show that refusal to grant a stay would render the appeal nugatory. The Court also noted that a similar application had been determined recently on the same facts, rendering the present application...
Source-derived case information.
- Citation
- [1997] KECA 225 (KLR)
- Parties
- Appellant: George Gikubu Mbuthia; Appellant: Leah Wanjiru Mbuthia; Appellant: Peter Mbuthia Njuguna; Appellant: Palace Investments Limited; Respondent: Small Enterprises Finance Limited; Respondent: Receiver/Manager; Respondent: Palace Dry Cleaners Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 18 of 1997
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Abuse of Process, Appeal Nugatory Test
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Gikubu Mbuthia
Appellant
Leah Wanjiru Mbuthia
Appellant
Peter Mbuthia Njuguna
Appellant
Palace Investments Limited
Appellant
Small Enterprises Finance Limited
Respondent
Receiver/Manager
Respondent
Palace Dry Cleaners Limited
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicants have demonstrated arguable grounds in the intended appeal.
- 2 Whether withholding the stay would render the intended appeal nugatory.
- 3 Whether the application amounts to an abuse of the process of the court.
Ratio Decidendi
The Court found that the applicants failed to demonstrate any arguable grounds in the intended appeal and did not show that refusal to grant a stay would render the appeal nugatory. The Court also noted that a similar application had been determined recently on the same facts, rendering the present application frivolous and an abuse of the court process. Consequently, the application for stay was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed.
- Costs assessed at KShs.4,000 to be paid within 14 days.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: TUNOI, LAKHA & PALL, JJ.A.
CIVIL APPLICATION NO. NAI 18 OF 1997
BETWEEN
GEORGE GIKUBU MBUTHIA LEAH WANJIRU MBUTHIA PETER MBUTHIA NJUGUNA PALACE INVESTMENTS LIMITED ...........................APPELLANTS
AND
SMALL ENTERPRISES FINANCE LIMITED RECEIVER/MANAGER PALACE DRY CLEANERS LIMITED.........................RESPONDENTS
(An application for stay of execution and further proceedings from the ruling of the High Court of Kenya at Nairobi (Justice Mbogholi-Msagha) dated 16th January, 1997 in
H.C.C.C. NO. 3088 OF 1994
******************
RULING OF THE COURT
We are satisfied on the facts and submissions presented before us by the applicants that there are no arguable grounds in the intended appeal. Moreover, it has not been shown that if the stay sought is withheld, it would render the intended appeal nugatory in any manner. As we dealt with a similar application based, more or less, on the same facts not more than six months ago, we think that this instant application, to say the least, is manifestly frivolous and amounts to an abuse of the process of the court. We dismiss the application with costs assessed at KShs.4,000/= to be paid within 14 days hereof.
Dated and delivered at Nairobi this 24th day of April, 1997.
P. K. TUNOI
---------------
JUDGE OF APPEAL
A. A. LAKHA
---------------
JUDGE OF APPEAL
G. S. PALL
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR