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…He stated that the appellants have no arguable appeal and that merely filing an appeal does not grant a party the right to a stay.…

…The deponent stated that the matter herein is highly contested regarding liability in the claim and that they have an arguable appeal, which should be allowed to proceed.…

…In effect, what the Applicant is pleading with this court is that this court finds that the Applicant has an arguable appeal with a likelihood of success and that this court do issue the order of stay so that in the event…

…The Applicant, has however, not gone deeper to submit on whether he has an arguable appeal with likelihood of success.…

…It is submitted that by failing to avail a memorandum of Appeal, the Applicants have failed to discharge the onus to demonstrate that they have an arguable appeal.…

…It is urged in the absence of a memorandum of Appeal there’s no material upon which the Court will determine whether or not the Appeal is arguable. 17.…

…She further stated that she has an arguable appeal with high chances of success and urged the court to allow the application.…

…Counsel submitted that the applicant has an arguable appeal with high chances of success and that the respondent will suffer no prejudice if the application is allowed. 9.…

…The applicants have averred that they have an arguable appeal and that if the order sought is not granted, the appeal will be rendered nugatory.…

…The court, in the case of Maryanne Camene Ojiambo v Samwel Muchoki [2021] eKLR defined an arguable appeal by stating:- “Plainly, therefore, the appeal is arguable, bearing in mind that an arguable appeal is not necessarily…

…The applicant contends that he has lodged an arguable appeal before the Court of Appeal.…

…The applicant must demonstrate; that they have an arguable appeal; he will suffer substantial loss if stay is not granted; that the application was filed without unreasonable delay; and where necessary security has been provided…

…appeal.…

…appeal.…

…The application is supported by the affidavit of Shadrack Mwithi Mbithi to the effect that he has an arguable appeal.…

…They argue that they do not need to demonstrate and arguable appeal.…

…Whether the appeal is arguable or has merits. 2. Whether the appeal will be rendered nugatory if proceedings continue. 3. The interests of justice and the need to balance parties' rights. 4.…

…Therefore, the Applicant must show: • A prima facie arguable appeal • Real risk of prejudice or the appeal being rendered nugatory • That the balance of convenience favours stay On whether the appeal herein is arguable, the…

…On the arguability of the appeal, it was said, in Butt vs.…

…It would be more prudent to seek stay at the court where the appeal is pending, which would be the court better placed to assess arguability of the appeal.…

…He avers in his affidavit in support of the application that he has filed an appeal that is arguable and has chances of success.…

…In this instance, the applicant seeks to stay the proceedings on the grounds that he has an arguable appeal and could be disinherited. The application was filed within a reasonable time.…

…It was further submitted that the appellant had not demonstrated that there was an arguable appeal. 7. The appeal intended to be filed is at the Court of Appeal.…

…The more fundamental issue is that, for appeals at the Court of Appeal, an intending appellant ought to demonstrate that they have an arguable appeal. I have perused the affidavit sworn in support.…

…It was further averred that the Appellant does not have an arguable appeal.…

…The Appellant claims that it has an arguable appeal with high chances of success.…

…The Respondent submits that the Applicants have not met the thresh hold of an arguable appeal. 9.…

…There are also ingredients that have been established by case law emanating from the court of Appeal and as dutifully followed by the superior courts namely, a demonstration that: (a) There exist an arguable appeal with chances…

…He adds that the appeal raises no arguable issues and that the orders of 18 th September 2025 are negative orders incapable of being stayed.…

…Geoffrey Makaya Aboki & Karen Chepkurui [2022] KEHC 1388 where it was held that infringement of the right to a fair hearing constitutes an arguable ground of appeal.…

…She further stated that her appeal is arguable, with overwhelming chances of success.…

…On whether the applicant has an arguable appeal with a high chance of success, the applicant referred to the grounds in the Memorandum of Appeal and submitted that she has an arguable appeal with a high chance of success.…

…raises arguable issues , and whether the applicant will suffer substantial loss.…

…appeal and they have not laid any basis for the order of stay of execution .…

…They have an arguable appeal with high chances of success. If the orders are not granted the applicant will suffer substantial loss. The application was opposed.…

…The applicant submits that it has an arguable appeal and that the intended appeal and application have established a prima facie case.…

…The applicant has proffered very strong grounds of appeal showing that he has an arguable appeal.…

…She contends that there is no arguable appeal, that the applicant is not deserved of the orders sought and that there is no documentary evidence to support the alleged substantial loss.…