[2001] KECA 329 (KLR)
The Court found that since the respondents conceded the appeal is arguable and the appeal is already fixed for hearing, there is no point in allowing execution of the decree at this stage. The Court therefore ordered a stay of execution of the High Court decree pending the hearing and determination of the appeal, to...
Source-derived case information.
- Citation
- [2001] KECA 329 (KLR)
- Parties
- Applicant: Jared Iqbal Abdul Bahman; Applicant: Adila Alibashir; Respondent: Bernard Alfred Wekesa Sambu; Respondent: John Mureithi Kariuki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 120 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted.
- Legal Topics
- Stay of Execution, Pending Appeal, Land Dispute, Decree Enforcement
- 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
Jared Iqbal Abdul Bahman
Applicant
Adila Alibashir
Applicant
Bernard Alfred Wekesa Sambu
Respondent
John Mureithi Kariuki
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether execution of the High Court decree should be stayed pending the hearing and determination of the appeal.
- 2 Whether the appeal lodged by the applicants is arguable.
Ratio Decidendi
The Court found that since the respondents conceded the appeal is arguable and the appeal is already fixed for hearing, there is no point in allowing execution of the decree at this stage. The Court therefore ordered a stay of execution of the High Court decree pending the hearing and determination of the appeal, to preserve the subject matter and ensure the appeal is not rendered nugatory.
Court Disposition
Application for stay of execution granted.
Orders
- Execution of the decree in H.C.C.C. No. 1059 of 1995 is stayed pending the hearing and determination of Civil Appeal No. 11 of 2001.
- Costs of this application will be costs in the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI CORAM: OMOLO, SHAH & O'KUBASU JJ.A
CIVIL APPLICATION NO. NAI. 120 OF 2001 (UR.68/2001)
BETWEEN
JARED IQBAL ABDUL BAHMAN….............................1ST APPLICANT
ADILA ALIBASHIR .......................................................2ND APPLICANT
AND
BERNARD ALFRED WEKESA SAMBU ................1ST RESPONDENT
JOHN MUREITHI KARIUKI ....................................2ND RESPONDENT
(An application for stay of execution pending an appeal from the Judgment and decree of the High Court of Kenya at Nairobi (Kasanga-Mulwa, J) dated 6th October, 2000
in
H.C.C.C. NO. 1059 OF 1995) *****************
RULING OF THE COURT
Mr. Iseme for the first respondent has conceded that the appeal already lodged by the applicants, that is, Civil Appeal No. 11 of 2001 is an arguable one. We think Mr. Iseme is quite right in so conceding. The dispute is as regards land being L.R. NO. 209/9684 situate in Nairobi. The said Civil Appeal No. 11 of 2001 is already fixed for hearing before this Court on 21st November, 2001. In these circumstances we see no point in the execution of the decree in H.C.C.C. No. 1059 of 1995. We order that the execution of that decree be stayed pending the hearing and determination of Civil Appeal No. 11 of 2001. The costs of this application will be costs in the appeal.
Dated and delivered at Nairobi this 20th day of September, 2001.
R.S.C. OMOLO
............................
JUDGE OF APPEAL
A.B. SHAH
.............................
JUDGE OF APPEAL
E. O. O'KUBASU ...............................
JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.