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…REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Potter, Kneller and Hancox, JJ.A) CIVIL APPLICATION NAI 25 OF 1983 (In the Matter of an intended appeal) BETWEEN JAMES MACHARIA GICHUKI………………………………………….....APPLICATION…

…Three days later, this court made the consent order with no order as to costs on the undertaking of the respondent’s advocate, Mr Nowrojee, that he would prosecute the intended appeal expeditiously.…

………APPLICANT AND KIMUNGU…………………………………RESPONDENT (In an intended appeal from the High Court at Nairobi, Gachuhi J) RULING This application is in two parts, the first to extend the time for filing the notice of appeal and the…

…This was dismissed on July 4, 1983, with leave to Muita Njuguna, inter alia, to file a fresh application to have the time for filing and serving notice of intended appeal extended, presumably because it had by that time been…

………………………………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) ____…

…The court is also unable to discern any risk of the intended appeal being rendered nugatory or a mere “academic exercise” as put by the 1st defendant.…

…A rectification order can be completely reversed in the event of the intended appeal being successful.…

…That the Applicant’s intended Appeal has strong and/or arguable grounds of appeal which he prays to argue in the intended Appeal and the granting of orders for stay of execution will advance his inalienable right to prosecute…

…That the appeal or intended appeal is an arguable one, that is, that it is not a frivolous appeal, 2.…

…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.…

…Further, that the Applicant has also not shown that her intended Appeal is arguable and has high chances of success or that if the present Application is not granted, her Intended Appeal would be rendered nugatory.…

…/intended appeal.…

…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.…

…The Applicant primarily seeks an order for the stay of proceedings in ELC Case No. 443A of 2017 (OS), pending the hearing and determination of its intended appeal against the ruling of this Court delivered on 9th October…

…It is this intended appeal that precipitates the instant application for a stay of proceedings. 4.   …

…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.…

…appeal.…

…In the alternative, it sought an order for maintenance of the status quo pending the hearing and determination of the intended appeal. 4.…