[2002] KECA 125 (KLR)
The Court of Appeal determined that, since an appeal had already been filed and the issues raised in the application for stay were fundamental, it would not be in the interests of justice to hear the motion fully at this stage. The court reasoned that addressing the substantive issues in the appeal itself would...
Source-derived case information.
- Citation
- [2002] KECA 125 (KLR)
- Parties
- Applicant: Overseas Trading Co Ltd. t/a Decora Nova; Respondent: Shah Hirji Manek Ltd; Respondent: Bambis Agencies Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 357 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted; no order as to costs.
- Legal Topics
- Stay of Execution, Appeals Process, Duplication of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Overseas Trading Co Ltd. t/a Decora Nova
Applicant
Shah Hirji Manek Ltd
Respondent
Bambis Agencies Limited
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution pending the hearing and determination of the appeal.
- 2 Whether hearing the motion fully would result in duplication or conflict of opinions between benches.
Ratio Decidendi
The Court of Appeal determined that, since an appeal had already been filed and the issues raised in the application for stay were fundamental, it would not be in the interests of justice to hear the motion fully at this stage. The court reasoned that addressing the substantive issues in the appeal itself would prevent duplication of proceedings and avoid the risk of conflicting opinions between the current bench and the bench that would hear the substantive appeal. Consequently, the court granted the orders sought in the motion for stay of execution but made no order as to costs.
Court Disposition
Application for stay of execution granted; no order as to costs.
Orders
- Orders in terms of the motion for stay of execution are granted.
- No order as to costs.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEALAT NAIROBICORAM: KWACH, LAKHA & BOSIRE J.ACIVIL APPLICATION NO. NAI 357 OF 2001OVERSEAS TRADING CO LTD. T/A DECORA NOVA ........................................ APPLICANTANDSHAH HIRJI MANEK LTD BAMBIS AGENVIES LIMITED ........................... RESPONDENTS(Being an application for stay of execution of the judgment and Decree of the High Court of Kenya at Nairobi (Mr. Justice Mbaluto) dated 21st September 2001 in H.C.C.C 311 OF 2001) ************* RULING OF THE COURT
Following what Mr. Inamdar for the applicant has stated, that an appeal has been filed, we do not think it will be in the interests of justice for us to hear the motion fully. The issues raised are fundamental and it is imperative that the issues be canvassed in the appeal itself to obviate a duplication and possibly conflict of opinion or opinions by this bench and the bench that will be hearing the appeal, on thoseI ni sstuhees .result, we grant orders in terms of the motion, but make no order as to costs.
Dated and delivered at Nairobi this 18th June, 2002. R.O. KWACH................................ JUDGE OF APPEAL A.A. LAKHA.................................. JUDGE OF APPEAL S. E. O. BOSIRE.................................JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR