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…E894/2023 proceeds, it may prejudice his intended appeal. b) Continuing the trial without a stay may render this appeal nugatory, as the matters in the appeal directly relate to the subject matter of the criminal case. c)…

…Risk of Rendering Appeal Nugatory 15. The appellant claims that continuing the trial in Case No. E894/2023 may render this appeal nugatory. 16.…

…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.” 24.…

…In this case, the refusal of a stay of execution would not render the appeal nugatory, as the case involved a money decree capable of being repaid.”…

…nugatory, and that they are willing to abide by such conditions on security as the Court may impose. 4.…

…He further avers that the Applicants cannot introduce new evidence on appeal, that the Respondents are entitled to enjoy the fruits of their judgment, that execution would not render the appeal nugatory, and that the Applicants…

…KDH 360G together with the proclaimed movable goods and business assets, thereby rendering the intended appeal nugatory. 30.…

…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory..” 35.…

…nugatory. 4.…

…In this case, the refusal of a stay of execution would not render the appeal nugatory, as the case involved a money decree capable of being repaid.”…

…The Applicants argue that unless stay is granted, the Respondent may dispose of portions of the sole estate asset, thereby disinheriting some beneficiaries and rendering the appeal nugatory. 22.…

…In Mukuma V Abuoga (1988) KLR 645, the Court observed that preservation of the subject matter is necessary to avoid rendering an appeal nugatory.…

…The Applicant further states that unless stay is granted, execution will proceed pursuant to a proclamation issued by BetaBase Auctioneers, thereby rendering the pending appeal nugatory.…

…Rent Restriction Tribunal [1982] KLR 417 , the Court of Appeal held that the discretion to grant stay should be exercised in a manner that does not render an appeal nugatory while at the same time safeguarding the successful…

…(c) The Applicant must show that to refuse the injunction would render his appeal nugatory (See Butt vs Rent Restriction Tribunal (1982) KLR 417 (cited also in Venture Capital).…

…Refusal of the application would render the appeal nugatory; and iv. Conditions in the case of Giella v Cassman Brown & Company Ltd (1973) EA 358 had been met. 13. Is that the case here? I am afraid not.…

…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.” 14.…

…nugatory. 4.…

…Also, that the taxation proceedings would neither render the appeal nugatory nor violate the rights of appeal. That the intended appeal is not arguable and has negligible chances of success. 15.…

…Those proceedings in my view will not in any way violate the applicant’s right of appeal neither will they in any way render the appeal nugatory.…

…The main objective of an order of stay is to prevent substantial loss which would in effect render the appeal nugatory. In James Wangalwa & Another vs.…

…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.” 11. The judgement in question was delivered 1 st August 2025 .…

…The respondents contend that the application is misconceived, that the appellants have not demonstrated substantial loss, and that the decretal sum is not so large as to render the appeal nugatory.…

…The Court of Appeal in Butt v Rent Restriction Tribunal [1982] KLR 417 held that the power of the court to grant or refuse a stay is discretionary and should be exercised so as not to render an appeal nugatory while ensuring…

…nugatory.…

…The Applicant maintains that its intended appeal raises arguable jurisdictional issues and that refusal of stay will render that appeal nugatory. 6. Both parties filed written submissions.…

…That is what has to be prevented… In considering an application for stay, the Court doing so must address its collective mind to the question of whether to refuse it would render the appeal nugatory.…

…nugatory.…

…In considering an application for stay, the Court doing so must address its collective mind to the question of whether to refuse it would render the appeal nugatory. 3.…

…nugatory. 4.…

…nugatory.…

…nugatory. 4.…

…The Applicant must show that to refuse the injunction would render his appeal nugatory (See Butt –Vs- Rent Restriction Tribunal [1982] KLR 417 ).…

…This would render the appeal nugatory, meaning the Plaintiffs would have no meaningful remedy available on appeal.…

…The main objective of an order of stay is to prevent substantial loss which would in effect render the appeal nugatory. In James Wangalwa & Another vs.…

…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.” 10. The judgement in question was delivered 1 st October 2025 .…

…. · Unless stay is granted, he faces execution and contempt proceedings, which would occasion substantial loss and render the appeal nugatory. · The application has been made without unreasonable delay (filed within 6 days…

…nugatory.…