JOGINDER AUTO SERVICE LIMITED V. MOHAMMED SHAFFIQUE

RULING OF THE COURT

This application is brought under rule 5(2)(b) of the Rules of this Court seeking a stay of execution pending the hearing and determination of Civil Appeal No. 221 of 1999 lodged in the Central Registry at Nairobi on 26th October, 1999.

For the application to succeed, the applicant must show to the Court two things;

(i)that the intended appeal is an arguable one or one which is not frivolous; and

(ii)that unless a stay or an injunction is not granted, the intended appeal, if successful, will be rendered nugatory.

The respondent, the successful plaintiff in the suit before the superior court, was the owner of an elegant limousine, Mercedes Benz 260 E Saloon, 1986 model, which he had bought in London and later shipped it to Nairobi. In July, 1993, the respondent delivered it to the applicant's garage on Butere Road, Industrial Area, Nairobi, for service and repairs. Unfortunately, the car was stolen from the applicant's custody and within its premises. Consequently, the r…