HF Group PLC C/A Oraro & Co Advocates v Nyakundi (Civil Case 104 of 2017) [2026] KEHC 10103 (KLR) (Civ) (1 July 2026) (Ruling)
The High Court lacked the proper forum to determine a stay application tied to an appeal pending in the Court of Appeal; because the appeal was not before the High Court and the impugned ruling had only granted leave to amend the plaint without any other prejudicial order, the defendant had to seek stay from the...
Source-derived case information.
- Citation
- [2026] KEHC 10103 (KLR)
- Parties
- Plaintiff: HF Group PLC C/A Oraro & Co Advocates; Defendant: Cyprian Nyakundi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case 104 of 2017
- Procedural Posture
- Civil Case / Interlocutory Application / Ruling on Motion for Stay of Proceedings Pending Appeal
- Outcome
- Application dismissed with costs
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Stay of Proceedings, Interlocutory Appeal, Rule 5(2)(b) Court of Appeal Rules, Jurisdiction to Grant Stay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HF Group PLC C/A Oraro & Co Advocates
Plaintiff
Cyprian Nyakundi
Defendant
Procedural Posture
Civil Case / Interlocutory Application / Ruling on Motion for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the High Court had jurisdiction to stay proceedings pending an appeal currently before the Court of Appeal.
- 2 Whether the defendant's application for stay of proceedings should be granted in the circumstances.
Ratio Decidendi
The High Court lacked the proper forum to determine a stay application tied to an appeal pending in the Court of Appeal; because the appeal was not before the High Court and the impugned ruling had only granted leave to amend the plaint without any other prejudicial order, the defendant had to seek stay from the Court of Appeal.
Court Disposition
Application dismissed with costs
Orders
- Stay declined.
- Defendant to seek stay from the Court of Appeal where the appeal is pending.
Full Case Text
Judgment text and source record
1 paragraphs
HF Group PLC C/A Oraro & Co Advocates v Nyakundi (Civil Case 104 of 2017) [2026] KEHC 10103 (KLR) (Civ) (1 July 2026) (Ruling) Neutral citation: [2026] KEHC 10103 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Case 104 of 2017 Sifuna Nixon, J July 1, 2026 Between HF Group PLC C/A Oraro & Co Advocates Plaintiff and Cyprian Nyakundi Defendant Ruling 1.This ruling is on the motion dated 28th November 2024. In which the Defendant is seeking a stay of the proceedings Civil Appeal No. E920 of 2024 currently pending in the Court of Appeal and arising from an interlocutory ruling delivered in this suit. The said ruling and which was delivered in this suit on 22nd November 2024, granted the Plaintiff leave to amend the plaint. It did not make any other prejudicial order that this court may stay. 2.The Application which was supported by a Supporting Affidavit sworn by the Defendant, is based on the grounds that the said Appeal is arguable and that it will be rendered nugatory if this suit proceeds with the amendments in the plaint. 3.As that Appeal is not before this court, it is the Court of Appeal where it is, that can peruse the record and determine those two grounds under Rule 5 (2) (b) of the Court of Appeal Rules. Therefore, this Application ought to have been filed in the Court of Appeal and not in this Court. 4.Consequently, the stay is declined and the Application is hereby dismissed with costs. The Defendant should seek the stay, from the Court of Appeal where the Appeal is pending. DATED AND DELIVERED AT NAIROBI VIRTUALLY ON THIS 1ST DAY OF JULY 2026.PROF (DR) NIXON SIFUNAJUDGE