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Wallace Wambugu, George K. Wambugu (Legal Representatives of the Estate of Douglas Kanuri Wambugu (Deceased), Susan Gachambi Wambugu & Bull Cafe Limited v. Kenya Commercial Bank Limited & Reuben Saruni Ole Nakuo

(2001) JELR 94259 (CA)

Court of Appeal  •  Civil Application Nai. 89 of 2001 (55/2001 UR)  •  29 Jun 2001  •  Kenya

Coram
Abdulrasul Ahmed Lakha, Effie Owuor, Moijo Matayia Ole Keiwua

Judgement

RULING OF THE COURT

The applicants invite us to exercise our discretionary jurisdiction under Rule 5(2) (b), of the Court of Appeal Rules (the Rules) to grant an injunction restraining the 1st respondent from selling the suit premises known as L.R Nos. 209/8606, 209/6071 and 209/7400, pending the hearing and determination of the applicants' appeal. In the alternative the applicants be granted stay of any further proceedings (and all the consequential orders thereof) in H.C.C.C NO. 595 of 2000, pending the hearing and determination of their appeal.

The application herein does not present much difficulty. As it is now well settled, the principle on which to exercise our jurisdiction under rule 5(2) (b) of the Rules are, that stay or injunction would be granted if the intended appeal is not a frivolous one, or as it is sometimes put, if the intended appeal is an arguable one. Additionally stay will be granted to ensure that the intended appeal if successful, would not be rendered nugatory.…

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