[2002] KECA 208 (KLR)
The Court of Appeal dismissed the application for stay of execution on the basis that the applicants had already obtained a stay order from the superior court, which they failed to comply with. Furthermore, the applicants did not appeal the superior court's order. The Court held that in such circumstances, it is not...
Source-derived case information.
- Citation
- [2002] KECA 208 (KLR)
- Parties
- Applicant: The Standard Limited; Applicant: Association of Kenyan Insurers; Respondent: Charles Kariuki T/A Charles Kariuki & Co. Advocates
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 79 of 2002
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Appeals Process, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Standard Limited
Applicant
Association of Kenyan Insurers
Applicant
Charles Kariuki T/A Charles Kariuki & Co. Advocates
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Court of Appeal should grant a stay of execution pending the hearing and determination of the intended appeal.
- 2 Whether the applicants are entitled to a second stay when a similar order was already made by the superior court and not complied with.
Ratio Decidendi
The Court of Appeal dismissed the application for stay of execution on the basis that the applicants had already obtained a stay order from the superior court, which they failed to comply with. Furthermore, the applicants did not appeal the superior court's order. The Court held that in such circumstances, it is not proper to seek a second stay from the appellate court without first appealing the initial order. The application was therefore found to be without merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
(CORAM: OMOLO, LAKHA & OWUOR, JJ.A.)
CIVIL APPLICATION NO. NAI. 79 OF 2002
BETWEEN
THE STANDARD LIMITED ............................................... 1ST APPLICANT
ASSOCIATION OF KENYAN INSURERS....................... 2ND APPLICANT
AND
CHARLES KARIUKI T/A CHARLES KARIUKI & CO. ADVOCATES ..................RESPONDENT
(Application for stay of execution pending the hearing and determination of an intended Appeal from the Judgment of the High Court of Kenya at Meru (Hon. Justice Tuiyot) dated 27th November, 2001
in
H.C.C.C. NO. 5 OF 2000) ****************
ORDER OF THE COURT
This is an application for a stay under rule 5(2)(b) of the Rules of this Court. An order for stay was already made by the superior court but not complied with. This is now a second application for a stay. If the applicant was dissatisfied with the order of the superior court an appeal was not preferred therefrom. In all the circumstances, we are unable to grant this application. It is dismissed with costs.
Made at Nairobi this 30th day of April, 2002.
R.S.C. OMOLO ................. JUDGE OF APPEAL
A.A. LAKHA ........................ JUDGE OF APPEA L
E. OWUOR ......................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR