Case law
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Division and case type: High Court CivilCivil Appeal
…Further, in James Wangalwa & Another v Agnes Naliaka Cheseto [2012] eKLR, the Court held that substantial loss is established where execution would create a state of affairs that would render the appeal nugatory.…
…In the circumstances of this case, payment of the decretal sum in the absence of any assurance of refund exposes the Applicant to the real risk of irrecoverability, thereby rendering the appeal nugatory.…
Division and case type: High Court DivCivil Appeal
…KDH 360G together with the proclaimed movable goods and business assets, thereby rendering the intended appeal nugatory. 30.…
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory..” 35.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Applicant further states that unless stay is granted, execution will proceed pursuant to a proclamation issued by BetaBase Auctioneers, thereby rendering the pending appeal nugatory.…
…Rent Restriction Tribunal [1982] KLR 417 , the Court of Appeal held that the discretion to grant stay should be exercised in a manner that does not render an appeal nugatory while at the same time safeguarding the successful…
Division and case type: High Court CivilCivil Appeal
…(c) The Applicant must show that to refuse the injunction would render his appeal nugatory (See Butt vs Rent Restriction Tribunal (1982) KLR 417 (cited also in Venture Capital).…
…Refusal of the application would render the appeal nugatory; and iv. Conditions in the case of Giella v Cassman Brown & Company Ltd (1973) EA 358 had been met. 13. Is that the case here? I am afraid not.…
Division and case type: High Court CivilCivil Appeal
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.” 14.…
…nugatory. 4.…
Division and case type: High Court DivCivil Appeal
…The respondents contend that the application is misconceived, that the appellants have not demonstrated substantial loss, and that the decretal sum is not so large as to render the appeal nugatory.…
…The Court of Appeal in Butt v Rent Restriction Tribunal [1982] KLR 417 held that the power of the court to grant or refuse a stay is discretionary and should be exercised so as not to render an appeal nugatory while ensuring…
Division and case type: High Court DivCivil Appeal
…. · Unless stay is granted, he faces execution and contempt proceedings, which would occasion substantial loss and render the appeal nugatory. · The application has been made without unreasonable delay (filed within 6 days…
…nugatory.…
Division and case type: High Court CivilCivil Appeal
…These principles were reiterated in Butt v Rent Restriction Tribunal [1979], where the Court of Appeal emphasized that the discretion to grant stay should be exercised so as not to render an appeal nugatory.…
…Whether or not the property is ultimately deemed Government-owned, it is evident that disposal of such assets before the appeal is heard would occasion disruption of institutional operations and render the appeal nugatory…
Division and case type: High Court CivilCivil Appeal
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.” 8. I associate with the sentiments expressed by the learned Judge.…
…It is therefore necessary to preserve the substratum of the appeal, pending the hearing and determination thereof, to prevent substantial loss to the Appellant which would render the appeal nugatory.…
Division and case type: High Court DivCivil Appeal
…That the respondent had showed signs of being eager to commence execution proceedings which would render the intended appeal nugatory.…
…That in that case, the it is likely to render the appeal nugatory. 15.…
Division and case type: High Court DivCivil Appeal
…nugatory and an academic exercise. 4.…
…And, the Respondent may levy execution against them rendering the appeal nugatory yet the Respondent is heavily indebted to the Applicant and the only security they have is the motor vehicle. 18.…
Division and case type: High Court DivCivil Appeal
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the Appeal nugatory” 19.…
…nugatory. 21.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Applicant added that it stands to suffer substantial loss as the 2nd Respondent may proceed with execution, thereby rendering the appeal nugatory.…
…Agnes Naliaka Cheseto [2012] eKLR, the Court held that substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory. 18.…
Division and case type: High Court CivilCivil Appeal
…Execution of the impugned orders prior to the hearing and determination of the appeal would occasion prejudice that cannot be cured by a favourable appellate outcome, thereby rendering the appeal nugatory. 13.…
…v Hall Equatorial Limited [2025] KECA 2264 (KLR), where the appellate court emphasised that the purpose of stay is to preserve the substratum of the appeal and to prevent irreversible consequences that would render the appeal…
Division and case type: High Court CivilCivil Appeal
…If the proceedings are not stayed, the trial court will proceed to issue a judgment rendering the appeal nugatory. He urged the court to allow the application. 7.…
…If a stay is not granted, judgment would be entered, rendering the appeal nugatory. 9.…
Division and case type: High Court DivCivil Appeal
…The question is whether the execution will render the appeal nugatory. In the case of James Wangalwa & Another vs.…
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.”…
Division and case type: High Court DivCivil Appeal
…The question is whether the execution will render the appeal nugatory. In the case of James Wangalwa & Another vs.…
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.”…
Division and case type: High Court CivilCivil Appeal
…It is his averment that unless an order of stay of further proceedings issues, he stands to suffer prejudice including summary committal to civil jail or unlawful fines which will render the appeal nugatory.…
…nugatory if the stay is not granted. 21.…
Division and case type: High Court CivilCivil Appeal
…She states that the Respondents might move to execute the decree thereby rendering the intended appeal nugatory if the prayers sought in the Application are not granted.…
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.…
Division and case type: High Court CivilCivil Appeal
…number through which service was allegedly effected does not belong to him, that his draft defence raises triable issues and that unless the proceedings are stayed, the suit will proceed to formal proof thereby rendering the appeal…
…nugatory.…