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…Notice of intended appeal was filed on May, 7 and served on May 10 this year.…

…Secondly, I will outline the background to the intended appeal.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox, J A (In Chambers) CIVIL APPLICATION NO NAI 40 OF 1983 (In the matter of an intended appeal) BETWEEN 1. CLEOPHAS MASINDE SIMIYU……..………………………...APPLICANTS 2.…

…ANGARA JUMA WATAMBAMALA (Appeal for extension of time to file notice of appeal in an intended appeal from the judgment of the high court of Kenya at Kakamega (Gicheru, J) dated 8th August, 1983) In HIGH COURT CIVIL CASE NO…

…NAI. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a…

…UR. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of execution in an intended…

…appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.…

….…..RESPONDENT R U L I N G The applicant has come to this court under Section 79 G of the Civil Procedure Act seeking leave of this court to file his intended appeal against the judgment delivered on 20th November 2002 in…

…It is evident that the judgment subject of the intended appeal was delivered on 20th November 2002 and that the applicant applied for copies of the proceedings and judgment on 21st November 2002 but did not receive them until…

…APPLICATION NO NAI 41 OF 1985 Between BATHOLOMEW MUYALE .............................APPLICANT AND SHEM NYAMBASI MULEFU ...........................DEFENDANT ELIJA NANDI CHIKAMAI................................DEFENDANT (In an intended…

…appeal from an order of the High Court at Kakamega, Aganyanya J in Civil Suit No 13 of 1979) ************************* JUDGMENT August 9, 1985, Gachuhi J delivered the following Judgment.…

………………………………RESPONDENT (Application for extension of time to file an intended appeal from the Judgment and decree of the High Court of Kenya at Kakamega (Gicheru, J) dated December 24, 1982 In Civil Appeal 14 of 1981) ____…

…On 18th October, 1993, time to lodge the record of the applicant's intended appeal to this Court was extended by 30 days from the date hereinabove mentioned.…

…It is now over five years since the time for lodging the record of the applicant's intended appeal was granted on 18th October, 1993.…

…appeal to the Court of Appeal. 2.…

…It further states that execution of the decree and taxation of costs would render the intended appeal nugatory. 5.…

…E1243 of 2023 and all consequential orders pending the hearing and determination of the intended appeal before the Court of Appeal in COACA/E918 of 2025. 8.…

…It is contended that unless stay is granted, attachment and sale of the Applicant’s assets may ensue, thereby rendering the intended appeal nugatory. 13.…

…On the arguability of the intended appeal, the Applicant submits that the intended appeal raises serious and arguable points of law relating to defamation jurisprudence.…

…Counsel urges that without the grant of stay, the intended appeal would be rendered nugatory.…

…An order staying proceedings in Mombasa CMCC E1891 of 2025 pending the hearing and determination of the intended appeal. 2.…

…This Court has considered the nature of the intended appeal and the issues raised therein. 47.…

…He maintains that unless execution is stayed, the intended appeal will be rendered nugatory and that he stands to suffer irreparable loss.…

…The Applicant also asserts that unless a stay is granted, the intended appeal will be rendered nugatory and that he will suffer irreparable loss.…

…The Applicant submits that the intended second appeal raises bona fide and arguable questions of law.…

…It was submitted that the intended second appeal is a delaying tactic intended to deny the Respondent the fruits of a judgment obtained after more than twelve years of litigation. 11.…

…On the arguability of the intended appeal, the Applicant submits that the intended appeal raises serious and arguable points of law relating to defamation jurisprudence.…

…Counsel urges that without the grant of stay, the intended appeal would be rendered nugatory.…

…The Respondent/Applicant stated that its intended appeal has appreciable chances of success as it raises multiple triable issues of fact and law.…

…His reply is that the intended appeal does not raise any serious issue for consideration by the court.…

…appeal.…

…The Court is therefore left with no assurance that the intended appeal is not frivolous or merely intended to delay the fruits of a valid judgment.…

…Wahome insisted on arguing that the appeal intended to be filed would be an exercise in futility as it had no chances of success. This is a grey area.…

…Normally a single judge of this Court does not have to go into merits or demerits of the intended appeal.…

…appeal.…

…appeal.…