[2002] KECA 48 (KLR)
The Court found that the application for stay of execution had been overtaken by events, making it unnecessary and academic to consider the merits. As a result, the application was dismissed as there was no longer a live issue for the court to determine.
Source-derived case information.
- Citation
- [2002] KECA 48 (KLR)
- Parties
- Applicant: Russel Company Ltd; Respondent: Land Development Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 4 of 1990
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Intended Appeal
- Outcome
- application dismissed as overtaken by events
- Legal Topics
- Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Russel Company Ltd
Applicant
Land Development Ltd
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether the application for stay of execution is still tenable given the subsequent developments in the case.
Ratio Decidendi
The Court found that the application for stay of execution had been overtaken by events, making it unnecessary and academic to consider the merits. As a result, the application was dismissed as there was no longer a live issue for the court to determine.
Court Disposition
application dismissed as overtaken by events
Orders
- The application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, BOSIRE & KEIWUA, JJ.A.
CIVIL APPLICATION NO. NAI. 4 OF 1990
BETWEEN
RUSSEL COMPANY LTD ........................................APPLICANT
AND
LAND DEVELOPMENT LTD ................................RESPONDENT
(Application for stay of execution in an intended
Appeal from a Judgment of the High Court of Kenya
at Nairobi (Mr. Justice Porter) dated 27th October, 1989
in
H.C.C.C. NO. 2179 OF 1989)
***********
ORDER OF THE COURT
As the application has been overtaken by events it is hereby dismissed with no order as to costs.
Made at Nairobi this 27th day of June, 2002.
R. O. KWACH
.................
JUDGE OF APPEAL
S.E.O. BOSIRE
................
JUDGE OF APPEAL
M. Ole KEIWUA
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR