[2000] KECA 49 (KLR)
The Court of Appeal found that the circumstances of the proceedings in the superior court justified the grant of a stay of execution pending the hearing and determination of the intended appeal. The court was satisfied that the applicant had deposited monies in court as security and that a refusal to grant stay...
Source-derived case information.
- Citation
- [2000] KECA 49 (KLR)
- Parties
- Applicant: Kenya Bus Services Limited; Respondent: Rosemary Nyamweru
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 132 of 2000
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed.
- Judges
- RO Kwach, AM Akiwumi, AB Shah
- Legal Topics
- Stay of Execution, Appeals Process, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Bus Services Limited
Applicant
Rosemary Nyamweru
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending the hearing and determination of the intended appeal.
- 2 Whether the applicant is entitled to a refund of monies deposited in court.
Ratio Decidendi
The Court of Appeal found that the circumstances of the proceedings in the superior court justified the grant of a stay of execution pending the hearing and determination of the intended appeal. The court was satisfied that the applicant had deposited monies in court as security and that a refusal to grant stay could render the intended appeal nugatory. Accordingly, the court ordered a stay of execution and directed that the monies deposited be refunded to the applicant's advocates. Costs of the application were ordered to be costs in the intended appeal.
Court Disposition
Application for stay of execution allowed.
Orders
- Stay of execution of the decree of the superior court granted pending hearing and determination of the intended appeal.
- Monies deposited in court by the applicant to be refunded to the applicant's advocates.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
Civil Appli 132 of 2000 (59/2000 UR)
KENYA BUS SERVICES LIMITED..........................................APPLICANT/INTENDED APPELLANTS
AND
ROSEMARY NYAMWERU.....................................................................................................RESPONDENT
(An application for a stay of execution pending an appeal from the judgment of the High Court of Kenya at Nairobi dated the 17th February, 2000
in
H.C.C.C. NO. 1489 OF 1994)
********************
RULING OF THE COURT
The proceedings in the superior court appear to have been conducted in such a manner as to lead us to believe that there ought to be stay of the execution of the decree of the superior court until such time the intended appeal is heard and determined. The moneys already deposited in court by the applicant are hereby ordered to be refunded to the applicant's advocates. Costs of this application shall be costs in the intended appeal.
Dated and delivered at Nairobi this 23rd day of May, 2000.
R.O. KWACH
......................
JUDGE OF APPEAL
A.M. AKIWUMI
....................
JUDGE OF APPEAL
A.B. SHAH
................
JUDGE OF APPEAL
I certify that this isa true copy of the original.
DEPUTY REGISTRAR.