[2009] KEHC 2549 (KLR)

[2009] KEHC 2549 (KLR)

The court found that the appellants failed to demonstrate that they would suffer substantial loss if stay of execution was not granted, as the execution was only in respect of costs amounting to Kshs.44,425/=. The appellants did not show that the respondents would be unable to refund the sum if the appeal succeeded. The court held that mere execution for costs does not render an appeal nugatory and that the appellants had not satisfied the requirements for stay of execution under Order XLI Rule 4(2) of the Civil Procedure Rules. Consequently, the application for stay was rejected.

Citation
[2009] KEHC 2549 (KLR)
Parties
Appellant: Rev. Samuel M. Njoroge, George K. Marenye, Kenneth K. Kengethe (Registered as Trustees of Gospel Communication Ministry); Respondent: Samuel Ndungu (Chairman), John K. Mbugua, Peter Rimui Ngugi, Pastor Paul Muigai, Sarah Nyambura Macharia (Operating as Trustees of Full Gospel Communication Nazareth)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 May 2009
Case Number
Civil Appeal 650 of 2008
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application for stay of execution dismissed
Judges
GG Okwengu
Legal Topics
Stay of Execution, Appeals Process, Substantial Loss, Security for Costs
Source Language
English
Civil Procedure Stay of Execution Appeals Process Substantial Loss Security for Costs

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Parties

Rev. Samuel M. Njoroge, George K. Marenye, Kenneth K. Kengethe (Registered as Trustees of Gospel Communication Ministry)

Appellant

Samuel Ndungu (Chairman), John K. Mbugua, Peter Rimui Ngugi, Pastor Paul Muigai, Sarah Nyambura Macharia (Operating as Trustees of Full Gospel Communication Nazareth)

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the appellants have satisfied the conditions for grant of stay of execution pending appeal under Order XLI Rule 4(2) of the Civil Procedure Rules.
  2. 2 Whether execution of costs would render the appeal nugatory or cause substantial loss to the appellants.

Ratio Decidendi

The court found that the appellants failed to demonstrate that they would suffer substantial loss if stay of execution was not granted, as the execution was only in respect of costs amounting to Kshs.44,425/=. The appellants did not show that the respondents would be unable to refund the sum if the appeal succeeded. The court held that mere execution for costs does not render an appeal nugatory and that the appellants had not satisfied the requirements for stay of execution under Order XLI Rule 4(2) of the Civil Procedure Rules. Consequently, the application for stay was rejected.

Court Disposition

application for stay of execution dismissed

Orders

  • The application for stay of execution pending appeal is rejected.