[2025] KEHC 1551 (KLR)
The court held that the right to appeal is fundamental and that a stay of execution may be granted where it is shown that the appeal would otherwise be rendered nugatory. In this case, since the only outstanding order is the notice to show cause and all other orders have been complied with, the court found it just...
Source-derived case information.
- Citation
- [2025] KEHC 1551 (KLR)
- Parties
- Applicant: Feisal Sharif Mohamed t/a General Office Technology Solutions; Applicant: Hamza Mohamed; Applicant: Mohamed Abdullahi; Applicant: Galgolo Jatia; Respondent: Peter M Gachie t/a Auctioneers; Respondent: Meru Central Coffee Cooperation Union Limited through Wambugu Muriuki Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E1198 of 2024
- Procedural Posture
- Civil Appeal / Stay Application Ruling
- Outcome
- stay_granted_pending_appeal
- Judges
- LP Kassan
- Legal Topics
- Stay of Execution, Appeals Process, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Feisal Sharif Mohamed t/a General Office Technology Solutions
Applicant
Hamza Mohamed
Applicant
Mohamed Abdullahi
Applicant
Galgolo Jatia
Applicant
Peter M Gachie t/a Auctioneers
Respondent
Meru Central Coffee Cooperation Union Limited through Wambugu Muriuki Advocates
Respondent
Procedural Posture
Civil Appeal / Stay Application Ruling
Legal Issues
- 1 Whether the court should grant a stay of execution pending appeal.
- 2 Whether the appeal would be rendered nugatory if the stay is not granted.
Ratio Decidendi
The court held that the right to appeal is fundamental and that a stay of execution may be granted where it is shown that the appeal would otherwise be rendered nugatory. In this case, since the only outstanding order is the notice to show cause and all other orders have been complied with, the court found it just to stay the notice to show cause pending the hearing and determination of the appeal to preserve the subject matter and ensure the appeal is not rendered nugatory.
Court Disposition
stay_granted_pending_appeal
Orders
- Stay of the notice to show cause issued earlier is granted pending hearing and determination of the appeal.
Full Case Text
Judgment text and source record
27 paragraphs
Mohamed t/a General Office Technology Solutions & 3 others v Gachie t/a Auctioneers & another (Civil Appeal E1198 of 2024) [2025] KEHC 1551 (KLR) (Civ) (17 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1551 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E1198 of 2024
LP Kassan, J
February 17, 2025
Between
Feisal Sharif Mohamed t/a General Office Technology Solutions
1st Applicant
Hamza Mohamed
2nd Applicant
Mohamed Abdullahi
3rd Applicant
Galgolo Jatia
4th Applicant
and
Peter M Gachie t/a Auctioneers
1st Respondent
Meru Central Coffee Cooperation Union Limited through Wambugu Muriuki Advocates
2nd Respondent
Ruling
1. This is an application for stay pending appeal. I have read the submissions on record and the affidavits.
2. The right to appeal is fundamental and before any stay is issued the court must be satisfied that the appeal will not be rendered a nugatory.
3. In this case, there is a notice to show cause which is pending. Other orders emanating from the Impugned have already been complied with. To ensure that the appeal is not rendered nugatory in case it succeeds, I shall stay the notice to show cause issued earlier pending hearing and determination of the appeal.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF FEBRUARY 2025HON L KASSANJUDGEIn the presence of:Kigen for the AppellantThuo for the ApplicantCourt Assistant – Carol