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Kenya decisions
Decisions matching the current search
The Court of Appeal dismissed a Rule 5(2)(b) motion for stay of execution pending appeal, holding the nugatory test was not met.
The Court of Appeal found the intended appeal arguable but held the applicant had not shown it would be rendered nugatory, so the injunction application was dismissed.
The Court of Appeal dismissed a Rule 5(2)(b) application for stay and injunction, holding there was no jurisdiction to stay a negative order and no valid appeal without leave.
Court of Appeal granted stay pending appeal, holding the application met rule 5(2)(b) because the intended appeal was arguable and risked being rendered nugatory.
The Court of Appeal declined a stay of warrants of arrest pending appeal, holding that the applicants had withheld a material fact and did not merit discretion.
The Court of Appeal granted conservatory relief pending appeal, suspending the High Court orders only to the extent needed to allow recruitment for vacant National Land Commission offices.
Mitsumi Computer Garage Ltd v Freight in Time Ltd & 4 others (Civil Application E705 & E585 of 2025 (Consolidated))
The Court of Appeal struck out a late-served notice of appeal and the related stay application, holding that Rule 79 compliance was mandatory and jurisdictional.
The Court of Appeal declined stay of execution, holding that although the bank raised an arguable issue, it failed to show the money decree would render the appeal nugatory.
The Court of Appeal dismissed an application under rule 5(2)(b) for injunction pending appeal, finding the Notice of Appeal invalid and the twin limbs unmet.
The Court of Appeal dismissed a Rule 5(2)(b) application for injunction and stay, holding that no valid notice of appeal had been properly served.
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