[1998] KECA 283 (KLR)
The Court of Appeal found that, given the applicants' counsel's concession that the superior court's ruling could not be supported, it was appropriate to order that the vehicles, which are the subject matter of the suit and intended appeal, remain in the custody of the applicants. The applicants are restrained from...
Source-derived case information.
- Citation
- [1998] KECA 283 (KLR)
- Parties
- Applicant: Precise Renovators & Decorators Ltd; Applicant: Baraka Fabricators; Respondent: Geofrey Ngugi Gathaiya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 182 of 1998
- Procedural Posture
- Civil Application / Application for Stay Pending Appeal
- Outcome
- Application allowed. Vehicles to remain in applicants' custody pending appeal. Applicants not to dispose of or alienate vehicles. Appeal to be filed and heard expeditiously. Costs in the appeal.
- Judges
- AB Shah
- Legal Topics
- Stay of Execution, Interlocutory Orders, Custody of Property
- 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
Precise Renovators & Decorators Ltd
Applicant
Baraka Fabricators
Applicant
Geofrey Ngugi Gathaiya
Respondent
Procedural Posture
Civil Application / Application for Stay Pending Appeal
Legal Issues
- 1 Whether the applicants should retain custody of the vehicles pending the hearing and determination of the intended appeal.
- 2 Whether the applicants should be restrained from disposing of or alienating the vehicles during the pendency of the appeal.
Ratio Decidendi
The Court of Appeal found that, given the applicants' counsel's concession that the superior court's ruling could not be supported, it was appropriate to order that the vehicles, which are the subject matter of the suit and intended appeal, remain in the custody of the applicants. The applicants are restrained from disposing of or otherwise alienating the vehicles pending the hearing and determination of the intended appeal. The court directed that the appeal be filed and heard expeditiously, and that costs be in the appeal. The decision preserves the subject matter to ensure that the appeal, if successful, is not rendered nugatory.
Court Disposition
Application allowed. Vehicles to remain in applicants' custody pending appeal. Applicants not to dispose of or alienate vehicles. Appeal to be filed and heard expeditiously. Costs in the appeal.
Orders
- The vehicles, subject matter of the suit and intended appeal, to remain in the custody of the applicants.
- Applicants shall not dispose of or otherwise alienate the said vehicles pending the hearing and determination of the intended appeal.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, SHAH & OWUOR JJ.A)
CIVIL APPLICATION NO. NAI.182 OF 1998 (UR.70/98)
BETWEEN
PRECISE RENOVATORS & DECORATORS LTD
BARAKA FABRICATORS.......................................APPLICANTS
VERSUSGEOFREY NGUGI GATHAIYA...................................RESPONDENT(Intended appeal from the ruling and order of the high court of Kenya at Nairobi (Honourable Mr. Justice Ole Keiwua) dated 25th day of June, 1998 in H.C.C.C. NO.249 of 1998 formerly H.C.C.S NO. 347 of 1998) *******************
RULING OF THE COURT
Having heard Mr. K'Owade when he, in our view, very professionally and correctly, conceded that he cannot support what the learned judge in the superior court ruled on 25th June, 1998, we order that the vehicles, the subject- matter of the suit in the Superior Court and the intended Appeal do remain in the custody of the applicants who will not dispose of or otherwise alienate the said vehicles pending the hearing and determination of the intended appeal which we direct be filed as soon as possible and be heard expeditiously. Costs will be costs in the appeal.
Dated and delivered at Nairobi this 31st day of July,1998.
P.K. TUNOI JUDGE OF APPEAL A.B. SHAH JUDGE OF APPEAL E. OWOUR JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR.