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Kenya decisions
Decisions matching the current search
Kitati & another v Kithongo [2023] KECA 1425 (KLR)
Court of Appeal granted a stay of execution pending appeal in a land dispute, finding the intended appeal arguable and the risk of eviction nugatory.
Kenya Revenue Authority v Kihara [2023] KECA 275 (KLR)
The Court of Appeal dismissed Kenya Revenue Authority’s stay application after finding the respondent had already been reinstated, so the nugatory test was not met.
Ihura & another v Hagos Birikirti Tewoldenrehen De La Torre & Ramirez Nelly Victoria (Suing as the Personal Representatives of the Estate of Mendoza Lop Az Aquilina - Deceased) [2023] KECA 59 (KLR)
Court of Appeal declined a stay of execution in a monetary decree appeal, finding the applicants showed arguability on quantum but failed the nugatory test.
Ng’ang’a v Mburu & 2 others [2022] KECA 1225 (KLR)
Court of Appeal dismissed an application for stay of a High Court order revoking a limited grant ad litem. The applicant failed the nugatory limb under Rule 5(2)(b).
Chigwell Holdings Limited v Ogumo & 2 others [2022] KECA 953 (KLR)
The Court of Appeal granted stay of execution and stay of taxation pending appeal, finding the intended appeal arguable and the nugatory test satisfied.
Ali v Kung'u & another [2022] KECA 914 (KLR)
The Court of Appeal granted a stay of execution pending appeal, finding the intended appeal arguable and noting a real risk the property could be altered irreversibly.
Mutahi v Kithangari & 4 others [2022] KECA 564 (KLR)
The Court of Appeal dismissed an application for stay of execution pending appeal, finding the applicant showed an arguable appeal but not a nugatory risk.
Coast Development Authority v Endebess Development Co. Ltd [2021] KECA 315 (KLR)
The Court of Appeal dismissed a stay application, holding that although the applicant had an arguable appeal, it failed to show the appeal would be rendered nugatory.
Blue Nile (East Africa) Limited v Ase Metal N.V Belgium [2021] KECA 775 (KLR)
The Court of Appeal dismissed an application for stay of execution, finding the applicant had not shown an arguable appeal under Rule 5(2)(b).
Jescah Gatakaa Amboka & Jackson Amboka Wanyungu v Wilfred Keli Ndolo [2021] KECA 955 (KLR)
The Court of Appeal dismissed a stay application, finding the applicants had not shown an arguable appeal or that the intended appeal would be rendered nugatory.
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