[1998] KECA 220 (KLR)
The court found that since the application for injunction in the superior court had already been withdrawn, there was nothing left to stay under rule 5(2) of the Court of Appeal Rules. Consequently, the application for stay of proceedings was rendered moot. Upon the applicant's request to withdraw the application,...
Source-derived case information.
- Citation
- [1998] KECA 220 (KLR)
- Parties
- Applicant: Nyanja Holdings Limited; Applicant: George Njau Mbugua Nyanja; Applicant: Mrs. Enid N. Nyanja; Respondent: City Finance Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 306 of 1998
- Procedural Posture
- Stay Application / Application for Stay of Proceedings Pending Intended Appeal
- Outcome
- Application withdrawn with costs to the respondent.
- Legal Topics
- Stay of Proceedings, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyanja Holdings Limited
Applicant
George Njau Mbugua Nyanja
Applicant
Mrs. Enid N. Nyanja
Applicant
City Finance Bank Limited
Respondent
Procedural Posture
Stay Application / Application for Stay of Proceedings Pending Intended Appeal
Legal Issues
- 1 Whether there was any proceeding left to stay under rule 5(2) of the Court of Appeal Rules.
- 2 Whether the application for stay should be withdrawn with costs.
Ratio Decidendi
The court found that since the application for injunction in the superior court had already been withdrawn, there was nothing left to stay under rule 5(2) of the Court of Appeal Rules. Consequently, the application for stay of proceedings was rendered moot. Upon the applicant's request to withdraw the application, and there being no objection from the respondent, the court allowed the withdrawal and awarded costs to the respondent.
Court Disposition
Application withdrawn with costs to the respondent.
Orders
- The application is marked as withdrawn.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI CORAM: KWACH, SHAH & OWUOR JJ.A CIVIL APPLICATION NO. NAI. 306 OF 1998 (UR. 118/98)BETWEEN
NYANJA HOLDINGS LIMITED GEORGE NJAU MBUGUA NYANJA MRS. ENID N. NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT
(Being an application for stay of execution in an
intended appeal from a Decision of the High Court of Kenya at Nairobi (Mr. Justice Kuloba) dated 29/9/98, in H.C.C.C. NO. 1965 OF 1991) **********************
RULING OF THE COURT
The application for injunction, filed in the superior court in 1991 (we are now in 1998) was withdrawn on 12th March, 1998. There was, therefore, nothing left to injunct in that court. This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal.
There is nothing however to stay under rule 5(2) of the Rules of this court. Mr. Kaunda for the applicant applies now to withdraw the application and Mr. Malawa does not object. The application is hereby marked as withdrawn with costs to the respondent.
Dated and delivered at Nairobi this 14th day of December, 1998.
R. O. KWACH
JUDGE OF APPEAL
A. B. SHAHJUDGE OF APPEALE. OWUORJUDGE OF APPEALI certify that this is a true copy of the original.
DEPUTY REGISTRAR.