RAMCO INVESTMENT LIMITED V. UNI-DRIVE THEATRE LIMITED

RULING OF THE COURT

An application brought under rule 5 (2) (b) of the Court of Appeal Rules for an order of stay of execution, injunction or a stay of further proceedings is required to satisfy the following well established conditions:-

i) that the notice of appeal to challenge the impugned decision has been lodged with the registrar of the court where the decision was given within 14 days of the date of the decision in accordance with rule 75.

ii) that the appeal or intended appeal is arguable, and

iii) that if the order of stay is not granted, the appeal or the intended appeal will be rendered nugatory in the event it succeeds.

See Butt v. Rent Restriction Tribunal [1982] KLR 417 and J.K. Industries Ltd, Kenya Commercial Bank Ltd and Another [1987] KLR 506.

The other germane considerations underlying the application of rule 5 (2) (b) drawn from a long line of this Court’s decisions, are that in considering whether the appeal or intended appeal is arguable, even a single bona fide arguab…