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…appeal.…

…We think we have said enough about the intended appeal not being frivolous. We come now to the second aspect to be considered on a rule 5(2)(b) application.…

…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…

…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.”…

…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.…

…That the 3rd Defendant/Applicant’s intended Appeal at the Court of Appeal shall be rendered nugatory unless the orders sought herein are granted. That the said intended Appeal is meritorious and raises triable issues.…

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

…He further avers that the intended appeal does not raise any arguable issues and that allowing the application would prejudice him by delaying enjoyment of the fruits of judgment. 6.…

…It is submitted that the delay was excusable, sufficiently explained, and that the intended appeal raises arguable issues. 8.…

…E087 of 2023 seeking interim orders to preserve the status quo pending the determination of the intended appeal.…

…appeal.…

…appeal.…

…That being the case, the order of stay of execution cannot continue to be in force as it was conditional and subject to the intended appeal.  …

…Appeal has prospects of success and that the Plaintiff/ Applicant has not attached the draft Memorandum of Appeal to demonstrate that the intended Appeal raises arguable or triable issues with probability of success.…

…The primary purpose of stay of execution is to preserve the status quo/ subject matter pending the hearing of the appeal so that the intended Appeal is not rendered nugatory.…

…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.”…

…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.”…