PETER KAMAU NJUGUNA V. STEPHEN MAGICHU, JOSEPH WARARI, JULIUS NJOROGE & FRANCIS MAGICHU

RULING OF THE COURT

We readily agree with Mr Kariuki for the applicant that in an application for stay under Rule 5 (2) (b) of the Court's rules, the two principles the court applies are that:-

(i) the appeal or the intended appeal is one which is arguable and

(ii) unless the stay sought is granted, if the appeal or the intended appeal were to succeed, that such success would be rendered nugatory.

The order made by Ang'awa, J. on 23rd December, 1998 and which the applicant wants us to order a stay of was made in Succession Cause No. 1014 of 1993. The order concerned land known as GITHUNGURI/IKINU/320 , and the same is registered in the name of the applicant, Peter Kamau Njuguna. Ang'awa, J., however, found in her judgment that the land in dispute formed part of the estate of the late Njuguna Kibuthu, and consequently though the applicant was registered as its owner, he was so registered as a trustee for the rest of the family of the late Njuguna Kibuthu. That is the decision the applicant…