[1999] KECA 83 (KLR)
The Court of Appeal exercised its discretion to maintain the status quo of the suit premises pending the hearing and determination of the applicant's intended appeal. This was based on the absence of opposition from the respondents and the need to preserve the subject matter of the dispute so that the intended...
Source-derived case information.
- Citation
- [1999] KECA 83 (KLR)
- Parties
- Applicant: Peter Kanyiri Koigi; Respondent: Makahu Ole Sekunda; Respondent: Isaac Nchunga Mukahu; Respondent: Geoffrey Mwai Kabiro
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 211 of 1999
- Procedural Posture
- Civil Application / Interlocutory Application for Stay Pending Intended Appeal
- Outcome
- Status quo in respect of the suit premises to be maintained pending the hearing and determination of the intended appeal. Costs in the intended appeal.
- Judges
- JE Gicheru, E Owuor
- Legal Topics
- Status Quo Orders, Stay Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kanyiri Koigi
Applicant
Makahu Ole Sekunda
Respondent
Isaac Nchunga Mukahu
Respondent
Geoffrey Mwai Kabiro
Respondent
Procedural Posture
Civil Application / Interlocutory Application for Stay Pending Intended Appeal
Legal Issues
- 1 Whether the status quo in respect of the suit premises should be maintained pending the hearing and determination of the intended appeal.
Ratio Decidendi
The Court of Appeal exercised its discretion to maintain the status quo of the suit premises pending the hearing and determination of the applicant's intended appeal. This was based on the absence of opposition from the respondents and the need to preserve the subject matter of the dispute so that the intended appeal is not rendered nugatory. The court further directed that the costs of the application would be in the intended appeal, reflecting the interlocutory nature of the order and the agreement of the parties on the preservation of the status quo.
Court Disposition
Status quo in respect of the suit premises to be maintained pending the hearing and determination of the intended appeal. Costs in the intended appeal.
Orders
- The status quo in respect of the suit premises shall be maintained pending the hearing and determination of the applicant's intended appeal.
- The costs occasioned by this application shall be in the intended appeal.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Shah & Owuor, JJ.A.) CIVIL APPLICATION NO. NAI. 211 OF 1999 (84/99 UR)
BETWEEN
PETER KANYIRI KOIGI......................................APPLICANT AND 1. MAKAHU OLE SEKUNDA...............................1ST RESPONDENT
2. ISAAC NCHUNGA MUKAHU.............................2ND RESPONDENT
3. GEOFFREY MWAI KABIRO.............................3RD RESPONDENT
(Intended appeal from the decision of the High Court of Kenya at Nairobi (Being the decision of the Honourable Mr. Justice Mitey) given on the 12th of July, 1999 in
H.C. ORIGINATING SUMMONS NO. 556 OF 1999) ***************************** ORDER OF THE COURT:
As Mr. Kagiri for the 1st, 2nd and 3rd respondents is not averse to the status quo of the suit premises being maintained pending the hearing and determination of the applicant's intended appeal, we order that the status quo in respect of the said premises be so maintained. The costs occasioned by this application shall be in the intended appeal.
Given at Nairobi this 16th day of August, 1999.
J.E. GICHERU
...............
JUDGE OF APPEAL
A.B. SHAH
...............
JUDGE OF APPEL
E. OWUOR
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR