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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.…

…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 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.…

…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…

…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.…

…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.…

…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 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.…

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

…That it is just for this Honourable Court to hear and determine expeditiously the instant Application pending the lodging and determination of the intended Appeal to obviate the Applicant’s intended Appeal being rendered…

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

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

…That if an order of stay or injunction, as the case may be, is not granted, the appeal, or the intended appeal, were it to succeed, would have been rendered nugatory by the refusal to grant the stay or the injunction.”…

…appeal is hereby granted. 4.…

…The applicant deposited Kshs 200, 000 with the Court on 20th September 2022 and filed and lodged the intended appeal as ELC Appeal No E017 of 2022 on 18th October 2023.…

…The said intended appeal raises serious, weighty and triable issues of both fact and law and has high chances of success hence ought to be facilitated by stay of execution.…

…appeal nugatory.…