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PAULINE NDUTA KAGWE v. DAVID KAGWE

(1999) JELR 94873 (CA)

Court of Appeal  •  civil misc appl 202 of 99  •  18 Aug 1999  •  Kenya

Coram
Philip Kiptoo Tunoi, Effie Owuor

Judgement

RULING OF THE COURT

The applicant does not challenge the consent order or the

decree arising therefrom. Moreover, she has not appealed from

the ruling and order of O'Kubasu, J delivered on 19th May,

1999 which sought similar orders as those sought befor e

Kuloba, J.

As is well established, the two conditions which the

applicant should satisfy in order to obtain the order she

seeks, are that her intended appeal is not a frivolous one, in

other words, that she has an arguable ground to canvass during

the intended appeal; and secondly, that the intended appeal,

if it succeeds, would be rendered nugatory if stay of the

order of the superior court is not granted. The applicant has

failed to satisfy the first test. We would think that the

intended appeal would be frivolous in that the consent order

did not incorporate an option to choose which title any party

would take. Further, the respondent has not refused to

execute the instruments to facilitate the transfer of the two

properties to theā€¦

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