[1996] KECA 180 (KLR)
The Court of Appeal held that there is considerable doubt as to whether a right of appeal exists from interlocutory orders made by the High Court in an appeal pending before it. The Court found no sufficient reason to grant the application for stay of execution, as the applicants had not demonstrated a clear right...
Source-derived case information.
- Citation
- [1996] KECA 180 (KLR)
- Parties
- Applicant: Nelson Kanyora Kariuki; Applicant: Nelsoms General Services Ltd; Respondent: Njoroge Kariuki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 113 of 1996
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Stay of Execution, Interlocutory Orders, Right of Appeal
- 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
Nelson Kanyora Kariuki
Applicant
Nelsoms General Services Ltd
Applicant
Njoroge Kariuki
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether there is a right of appeal to the Court of Appeal against interlocutory orders made in an appeal pending before the High Court.
- 2 Whether the application for stay of execution should be granted.
Ratio Decidendi
The Court of Appeal held that there is considerable doubt as to whether a right of appeal exists from interlocutory orders made by the High Court in an appeal pending before it. The Court found no sufficient reason to grant the application for stay of execution, as the applicants had not demonstrated a clear right of appeal or any compelling grounds for the exercise of the Court's discretion. Consequently, the application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application for stay of execution is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: OMOLO, AKIWUMI & TUNOI, JJ.A. CIVIL APPLICATION NO. NAI 113 OF 1996 (42/96 UR)
BETWEEN
NELSON KANYORA KARIUKI
NELSOMS GENERAL SERVICES LTD ................................APPLICANTS
VERSUS
NJOROGE KARIUKI ............................................................. RESPONDENT
(Application for stay of execution of the order of the High Court of Kenya at Nairobi
(Sheikh Amin J) dated 26th February, 1996 in H.C.C.A. NO. 27 OF 1996) **************
RULING OF THE COURT
The High Court has made certain interlocutory orders within an appeal pending before it. The applicant herein asked for those orders to be stayed and the judge refused that application. The applicant tells us he intends to appeal to this Court against the order refusing a stay of the High Court's interlocutory orders. We doubt very much whether there is a right to appeal to this Court against interlocutory orders made in an appeal pending before the High Court. We see no reason to grant this application and that being so, we dismiss it with costs to the respondent.
Dated and delivered at Nairobi this 9th day of May, 1996.
R. S. C. OMOLO ---------------------- JUDGE OF APPEAL
A. M. AKIWUMI ---------------------- JUDGE OF APPEAL
P. K. TUNOI --------------------- JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR