“"application for stay"” — court decisions

Judgment[1987] KECA 6314 May 1987

Otieno v Ougo & another

Judgment[1993] KEHC 9411 October 1993

Mary Wanjiru Gachii v Kenya Bus Ser v ices (Msa) Ltd

High Court at MombasaCase number Civil Case 678 of 1990

Division and case type: CivilCivil Case

…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

2 min read

Judgment[1999] KECA 16516 December 1999

MOSES KIPNGETICH KURGAT v THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY

Court of Appeal at Vs The DisciplinaryJUDGE APPEAL,Moses Kipngetich Kurgat,Gordon Sichale,Abuodha,GaturuCase number Civil Miscellaneous Application 163 of 1999

Division and case type: CivilMiscellaneous Application

…NAI. 163 OF 1999 (UR. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of…

application is dismissedDismissed2 min read

Judgment[2011] KEHC 1381 December 2011

ANALIK WEKESA & Another v HELLEN WAIRIMU MWANGI & SIMON NJOROGE MWANGI

High Court at Nakurujudge for dismissal if no steps have been taken to set it down for hearing withinCase number Civil Appeal 215 of 2009

Division and case type: CivilCivil Appeal

….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

application is dismissedDismissed2 min read

Judgment[1988] KECA 12316 February 1988

Gitahi & another v Warugongo

Court of Appeal at NairobiJUDGE APPEAL,BankCase number Civil Application 3 of 1988

Division and case type: CivilCivil Appeal

…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…

4 min read

Judgment[2008] KEHC 75620 November 2008

ALLAN S. REYNOLDS v TWIGA CHEMICALS INDUSTRIES LTD

High Court at NairobiCase number Civil Case 2772 of 1997

Division and case type: CivilCivil Case

…herein for stay of execution of decree pending appeal.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

3 min read

Judgment[1996] KECA 1422 December 1996

Carter & Sons Ltd v Kenya Finance Corporation Limited & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Kowade,Regeru,SharmaCase number Civil Appeal 62 of 1993

Division and case type: CivilCivil Appeal

…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…

…He submitted that although Karugu Contractors was a party to the suit, being one of the defendants, it was not a party to the applications for stay of execution of the decree made by the two respondents and that since the…

5 min read

Judgment[1997] KECA 16110 August 1997

Margaret Wanjiku Mwathi v Dagret Investment

Court of Appeal at NairobiGithinji,JUDGE APPEAL,MwathiCase number Civil Application 206 of 1997

Division and case type: CivilCase number Civil Application

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

1 min read

Judgment[1996] KECA 704 January 1996

Corporate Insurance Company v Loise Wanjiru Wachira

Court of Appeal at NairobiTunoi,JUDGE APPEAL,MuthogaCase number Civil Appeal 151 of 1995

Division and case type: CivilCivil Appeal

…The appellant after filing an appearance delivered a defence and made no application for stay.…

…The appellant made no application for stay of proceedings but when the case came up for hearing on 12th August 1992, more than four years later, the appellant's Advocate raised the arbitration issue in the form of a preliminary…

10 min read

Judgment[1996] KECA 18626 March 1996

Mwanzi Road Properties Ltd v Maina Muchiri & another

Court of Appeal at NairobiShields,JUDGE APPEAL,Marna Muchiri,Ougo,Ougo before Bosire,KirundiCase number Civil Application 69 of 1996

Division and case type: CivilCivil Appeal

….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…

…In its ruling on the previous application for stay made by the applicant, this Court found as a fact that the order made by Shields J on 5th October, 1993, was not brought to the attention of the applicant until October 1994…

3 min read

Judgment[1999] KECA 10321 November 1999

JOHN KIPKEMBOI KILEL v s DIAMOND TRUST BANK (K) LTD

Court of Appeal at NairobiJUDGE APPEALCase number Civil Miscellaneous Application 314 of 1999

Division and case type: CivilMiscellaneous Application

…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…

2 min read

Judgment[1999] KEHC 6818 July 1999

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at NairobiGatonye,Rachi,GatonyesCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

2 min read

Judgment[1998] KEHC 11030 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobime on,Mitambo,Gatonye,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Mitambo Defendant,Mitambo We,Gatonye says Co,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Gatonye serve Mr,Muruthi,Koyoko,MitiamboCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

application succeedsAllowed2 min read

Judgment[1985] KECA 1158 August 1985

Muyale v Mulefu

Court of Appeal at Kisumuthis court for stay of execution against the order of,High CourtCase number Civil Miscellaneous Application 41 of 1985

Division and case type: CivilMiscellaneous Application

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…that may be passed in Civil Suit No 115 of 1984 would not affect the respondents in this suit and for that reason a stay cannot be granted as requested on that basis unless the respondents are parties to that suit, and application…

8 min read

Judgment[1998] KEHC 17930 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobiit was fully paid on condition that out of theloan of shs,Gatonye,Mitambo,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Kariuki Mr,Mitambo Defendant,Mitambo We,Gatonye says Co,Rachi proceed Mr,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Rachi We,Rao If,Gatonye serve Mr,Rao absent Mr,Muruthi,Koyoko,MitiamboCivil Case 933 of 1996

Division and case type: CivilCivil Case

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

application succeedsAllowed2 min read

Judgment[1985] KECA 628 August 1985

Batholomew Muyale v Shem Nyambasi Mulefu & another

Court of Appeal at KisumuJUDGE APPEALCase number Civil Application 41 of 1985

Division and case type: CivilCivil Suit

8 min read

Judgment[2002] KEHC 89617 November 2002

GURDARSHAN SINGH v C.K. VIRDEE J.S. VIRDEE

High Court at NairobiShieldsCase number Civil Appeal 116 of 1993

Division and case type: CivilCivil Appeal

…Pending the hearing of the appeals, the appellant made an application for stay of execution and these are the applications which Justice Shields granted on 17th May 1993 condition of a deposit of Kshs.10,000/= per each appeal…

3 min read

Judgment[1998] KEHC 23520 September 1998

KENYA POWER & LIGHTING CO. LTD v NJILUX MOTORS LTD

High Court at NairobiNjunguCIVIL CASE NO. 1887 OF 1994

Division and case type: CivilCivil Case

…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…

appeal succeedsAllowed3 min read

Judgment[1995] KEHC 633 July 1995

L U International Ltd v Kenya National Trading Corporation & another

High Court at Mombasadelivery is,obtained,Lumatete Muchai,Lumatete,NassirCase number Civil Suit 404 of 1995

Division and case type: CivilCivil Suit

….……….APPLICANT VERSUS KENYA NATIONAL TRADING CORPORATION ….RESPONDENT COMBINED WAREHOUSE/ALLIED WHARFAGE….RESPONDENT RULING This is an application for stay of the execution of the Ruling of this court dated the 16th of June…

3 min read

Judgment[1995] KEHC 9915 June 1995

L U International Ltd v Kenya National Trading Corporation & another

High Court at Mombasacourt are largely not in dispute,Omondi,Jaffer,Omondi released Mr,Omondi Mr,Ahmed Nassir,Nassir,Ken Omondi,Jaffer ShariffCase number Civil Suit 404 of 1995

Division and case type: CivilCivil Suit

3 min read