Muriithi v Munene (Civil Appeal E042 of 2025) [2026] KEHC 4991 (KLR) (14 April 2026) (Ruling)
The court found that the applicant had demonstrated an arguable appeal and that continuation of proceedings would render the appeal nugatory, thus justifying the exercise of discretion to grant a stay of proceedings.
- Citation
- [2026] KEHC 4991 (KLR)
- Parties
- Appellant/applicant: Zachary Njuguna Muriithi; Respondent: Rose Wanjiku Munene
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 14 April 2026
- Case Number
- Civil Appeal E042 of 2025
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
- Outcome
- application allowed
- Legal Topics
- Stay of Proceedings, Appeals, Judicial Discretion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zachary Njuguna Muriithi
Appellant/applicant
Rose Wanjiku Munene
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of proceedings pending the hearing and determination of the appeal
Ratio Decidendi
The court found that the applicant had demonstrated an arguable appeal and that continuation of proceedings would render the appeal nugatory, thus justifying the exercise of discretion to grant a stay of proceedings.
Court Disposition
application allowed
Orders
- Stay of proceedings in Nyahururu MCCC No. E129 of 2022 granted pending hearing and determination of the appeal
- Costs to abide the outcome of the appeal
Full Case Text
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