[1999] KECA 114 (KLR)
The Court found that the application for stay of execution was incompetent because the High Court had not made any decision or order capable of being appealed against. Without such a decision, there was no jurisdiction for the Court of Appeal to entertain the application. The absence of an appealable order rendered...
Source-derived case information.
- Citation
- [1999] KECA 114 (KLR)
- Parties
- Applicant: Kisii Farmers Union Limited & 2 Others; Respondent: Oriental Hardware Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 281 of 1999
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Intended Appeal
- Outcome
- application struck out as incompetent
- Legal Topics
- Stay of Execution, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kisii Farmers Union Limited & 2 Others
Applicant
Oriental Hardware Ltd
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether the application for stay of execution is competent in the absence of a decision by the High Court capable of being appealed against.
Ratio Decidendi
The Court found that the application for stay of execution was incompetent because the High Court had not made any decision or order capable of being appealed against. Without such a decision, there was no jurisdiction for the Court of Appeal to entertain the application. The absence of an appealable order rendered the application fatally defective, and it was accordingly struck out with costs to the respondent.
Court Disposition
application struck out as incompetent
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, TUNOI & LAKHA, JJ.A.) CIVIL APPLICATION NO. NAI. 281 OF 1999 (102/99UR) BETWEEN
KISII FARMERS UNION LIMITED & 2 OTHERS ............... APPLICANTS AND ORIENTAL HARDWARE LTD................................. RESPONDENTS
(Application for stay of execution in an intended appeal from a Judgment of the High Court of Kenya at Kisii (Mr. Justice Waweru) dated 27th September, 1999 inH.C.C.C. NO. 112 OF 1994) *********** ORDER OF THE COURT
This application is obviously incompetent. The learned Judge has not made any decision whatsoever capable of giving rise to the application before us. Consequently, we strike it out with costs.
Made at Nairobi this 7th day of October, 1999. R.O. KWACH ................ JUDGE OF APPEALP.K. TUNOI ................ JUDGE OF APPEAL
A.A. LAKHA ................ JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR