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…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.…

…It is also a matter that may arise for determination in the intended appeal. 58.…

…Whether the intended appeal raises arguable issues. 70.…

…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 to the Court of Appeal.…

…The Applicant also prays that the costs of the application abide the outcome of the intended appeal. 2. The application is supported by the affidavit of Thomas Gisairo Nyakanga sworn on 13th May 2026.…

…The financial capacity of the 1st and 2nd Respondents is unknown, and they are unlikely to refund the decretal amount should the intended appeal succeed. 6.…

…Their financial capacity is unknown, and they are unlikely to refund the amount, thereby rendering the intended appeal nugatory.…

…Stellan Auctioneers pending hearing and determination of the application herein as well as the intended appeal.…

…appeal without the typed proceedings.…

…appeal before the Court of Appeal.…

…appeal is arguable and not frivolous; and that unless the order of stay sought is granted, the appeal or intended appeal, were it to eventually succeed, would be rendered nugatory.…

…Further that the the Applicant has not illustrated any chances of success of the intended Appeal as no draft of the Applicant has not illustrated any chances of success of the intended Appeal.…

…The Applicant has not annexed any Draft Memorandum of Appeal and Notice of Appeal have been annexed an so an arguable intended appeal has not been established .…

…He therefore asserted that the intended appeal was unarguable and founded largely on sentiment rather than legal merit.…

…He maintained that the Applicant had acted promptly, diligently and in good faith in seeking appellate relief and preservation of the subject matter of the intended appeal.…