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…She further stated that she has an arguable appeal with high chances of success and urged the court to allow the application.…

…Counsel submitted that the applicant has an arguable appeal with high chances of success and that the respondent will suffer no prejudice if the application is allowed. 9.…

…The application is supported by the affidavit of Shadrack Mwithi Mbithi to the effect that he has an arguable appeal.…

…They argue that they do not need to demonstrate and arguable appeal.…

…Whether the appeal is arguable or has merits. 2. Whether the appeal will be rendered nugatory if proceedings continue. 3. The interests of justice and the need to balance parties' rights. 4.…

…Therefore, the Applicant must show: • A prima facie arguable appeal • Real risk of prejudice or the appeal being rendered nugatory • That the balance of convenience favours stay On whether the appeal herein is arguable, the…

…It was further submitted that the appellant had not demonstrated that there was an arguable appeal. 7. The appeal intended to be filed is at the Court of Appeal.…

…The more fundamental issue is that, for appeals at the Court of Appeal, an intending appellant ought to demonstrate that they have an arguable appeal. I have perused the affidavit sworn in support.…

…It was further averred that the Appellant does not have an arguable appeal.…

…The Appellant claims that it has an arguable appeal with high chances of success.…

…He adds that the appeal raises no arguable issues and that the orders of 18 th September 2025 are negative orders incapable of being stayed.…

…Geoffrey Makaya Aboki & Karen Chepkurui [2022] KEHC 1388 where it was held that infringement of the right to a fair hearing constitutes an arguable ground of appeal.…

…The applicant has proffered very strong grounds of appeal showing that he has an arguable appeal.…

…She contends that there is no arguable appeal, that the applicant is not deserved of the orders sought and that there is no documentary evidence to support the alleged substantial loss.…

…They reiterated that their Memorandum of Appeal raised arguable grounds hence stood great chance of success.…

…This aspect of being rendered nugatory was hinged on whether or not the appeal was arguable on appeal and not whether the appeal would be successful as was held in the case of Co-operative Bank of Kenya Ltd vs Banking Insurance…

…They reiterated that their Memorandum of Appeal raised arguable grounds hence stood great chance of success.…

…This aspect of being rendered nugatory was hinged on whether or not the appeal was arguable on appeal and not whether the appeal would be successful as was held in the case of Co-operative Bank of Kenya Ltd vs Banking Insurance…

…Firstly, an applicant has to satisfy that he/she has an arguable appeal.…

…On the aspect of an arguable appeal, the same need not be one that should succeed. Looking at the filed memorandum of appeal dated 27 th August 2025, i am satisfied that indeed the Applicant has an arguable appeal.…

…(ii) the reason for the delay (iii) whether the appeal has arguable merit, and (iv) (the degree of prejudice to the opposing party. 5.…

…On whether the intended appeal is arguable, the applicant said it has a an arguable appeal but the respondent said that neither a notice of appeal not a draft memorandum of appeal was filed .…

…Tony Ketter & 5 Others [2013] eKLR the court considered what constitutes and arguable appeal and held that: - “An arguable appeal is not one which must succeed but one that raises a bona fide issue deserving consideration…

…I find that the Applicant’s argument satisfies the requirement for a prima facie arguable appeal.…

…It is supported by the affidavit Appellant/Applicant sworn on 21st July 2025, wherein he avers that he has filed an arguable appeal and that unless stay is granted, execution will render the appeal nugatory.…

…In support thereof, the Appellant/Applicant relied on Stanley Kang’ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR, in which the Court of Appeal observed that an arguable appeal is one that deserving of full consideration…

…In considering this, the Court must consider the following elements:- a) The length and reason for the delay; b) Whether the intended appeal is arguable; and c) Whether the Respondent would suffer prejudice.…

…(b) Whether there is arguable appeal 34.…

…Lastly on whether an Applicant has an arguable appeal, the court is guided by the decision Athuman Nusura Juma Vs. Afwa Mohamed Ramadhan [2016] eKLR 27.…

…On whether they have an arguable appeal, my above observations refer and with those facts as they are from their own pleadings, my conclusion is that the Applicants have not sufficiently demonstrated that they have an arguable…

…They submit that they have satisfied the requirements of Order 42 rule 6 of the Civil Procedure Rules, and that the memorandum of appeal filed discloses an arguable appeal.…

…Is the appeal arguable? It is not a requirement, at this stage, according to Order 42 of the Civil Procedure Rules, for the appellant to demonstrate, and the court to consider, whether there is an arguable appeal.…

…The Respondent states that the Applicant has no arguable appeal, having consistently denied indebtedness throughout the proceedings and only admitting liability after dismissal of the appeal. 10.…

…Whether the Intended Appeal is Arguable 19. An arguable appeal is not one that must succeed, but one that raises at least a single bona fide point of law. (See Stanley Kang’ethe Kinyanjui vs.…

…That the respondent was awarded Kshs. 200,000/= which is a very reasonable for multiple soft tissue injuries, as such the applicants have no arguable appeal before this court.…

…It is argued for the appellants that they have an arguable appeal as per their Memorandum of appeal where they contend: - That the learned trial magistrate erred in law and fact in finding the defendants/appellants 100% liable…

…Counsel submitted that for an injunction pending appeal to issue, it must be demonstrated that the appellant has an arguable appeal.…

…An applicant must show that it has an arguable appeal.…