[1997] KECA 240 (KLR)
The Court held that the applicant failed to demonstrate that the intended appeal was arguable or that it would be rendered nugatory if stay was not granted. The applicant did not provide any evidence or submissions to support these requirements. Consequently, the application for stay of execution was found to be...
Source-derived case information.
- Citation
- [1997] KECA 240 (KLR)
- Parties
- Applicant: Jones Wambua Maingi; Respondent: William Masai Kiluva
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 400 of 1996
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Appeal Procedure, Nugatory Appeal Test
- 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
Jones Wambua Maingi
Applicant
William Masai Kiluva
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated that the intended appeal is arguable.
- 2 Whether the applicant has shown that the appeal would be rendered nugatory if stay is not granted.
Ratio Decidendi
The Court held that the applicant failed to demonstrate that the intended appeal was arguable or that it would be rendered nugatory if stay was not granted. The applicant did not provide any evidence or submissions to support these requirements. Consequently, the application for stay of execution was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for stay of execution is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI
(CORAM: GICHERU, AKIWUMI & PALL, JJ.A.)
CIVIL APPLICATION NO. NAI 400 OF 1996
BETWEENJONES WAMBUA MAINGI ............................... APPLICANTANDWILLIAM MASAI KILUVA .............................. RESPONDENT(Application for stay of execution pending Appeal in an intended Appeal from a Judgment of the High Court of Kenya at Nairobi (Justice Juma) dated 30th July, 1996 in H.C.C.C. NO. 3972 OF 1991) **********
RULING OF THE COURT
The applicant must show in order to succeed, that the appeal is arguable and furthermore, that the appeal will be rendered nugatory if stay is not granted. The applicant has not uttered anything to show that the appeal is not a frivolous one neither has any evidence been offered to substantiate the propersition that the appeal if successful would be nugatory. This application is clearly without merit and it is dismissed, but without costs.
Dated and delivered at Nairobi this 4th day of July, 1997.
J. E. GICHERU...................JUDGE OF APPEALA. M. AKIWUMI...................JUDGE OF APPEALG. S. PALL...................JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.