[2025] KEHC 5412 (KLR)

[2025] KEHC 5412 (KLR)

The court found that the applicant failed to demonstrate that the appeal would be rendered nugatory if stay of proceedings was not granted. The mere fact that the applicant would be compelled to respond to the Notice to Show Cause and the trial court would proceed to determine the application on merit does not amount to substantial loss or prejudice warranting a stay. The court emphasized that a stay of proceedings is a radical remedy only to be exercised in exceptional circumstances, which were not established in this case. The application was therefore found to be without merit and dismissed with costs.

Citation
[2025] KEHC 5412 (KLR)
Parties
Applicant: Hon Paul Karungo Thang’wa; Respondent: Jackline Mwende Kamene
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 May 2025
Case Number
Appeal E160 of 2024
Procedural Posture
Stay Application / Ruling on Interlocutory Application for Stay of Proceedings Pending Appeal
Outcome
application dismissed with costs
Judges
H Namisi
Legal Topics
Child Maintenance Arrears, Stay of Proceedings, Parental Responsibility, Appeal Conditions, Preliminary Objection, Equitable Remedies
Source Language
English
Family and Children Civil Procedure Child Maintenance Arrears Stay of Proceedings Parental Responsibility Appeal Conditions Preliminary Objection Equitable Remedies

Case Brief

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Parties

Hon Paul Karungo Thang’wa

Applicant

Jackline Mwende Kamene

Respondent

Procedural Posture

Stay Application / Ruling on Interlocutory Application for Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the conditions for grant of stay of proceedings pending appeal.
  2. 2 Whether the appeal would be rendered nugatory if stay is not granted.
  3. 3 Whether the applicant will suffer substantial loss or prejudice if compelled to respond to the Notice to Show Cause.

Ratio Decidendi

The court found that the applicant failed to demonstrate that the appeal would be rendered nugatory if stay of proceedings was not granted. The mere fact that the applicant would be compelled to respond to the Notice to Show Cause and the trial court would proceed to determine the application on merit does not amount to substantial loss or prejudice warranting a stay. The court emphasized that a stay of proceedings is a radical remedy only to be exercised in exceptional circumstances, which were not established in this case. The application was therefore found to be without merit and dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • The application dated 21 November 2024 is dismissed with costs.