Case Metadata |
|
| Case Number: | Civil Application 298 of 1996 |
|---|---|
| Parties: | Francis Kabaa v Nancy Wambui & Jane Wanjiru |
| Date Delivered: | 11 Dec 1996 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Akilano Molade Akiwumi |
| Citation: | Francis Kabaa v Nancy Wambui & another [1996] eKLR |
| Case History: | (Application for stay of execution in an intended appeal from Ruling or Order of the High Court of Kenya at Nairobi (Justice Sheikh Amin) dated 14th September, 1994 In H.C.C.C.NO. 206 OF 1994) |
| Court Division: | Civil |
| Parties Profile: | Individual v Individual |
| County: | Nairobi |
| History Docket No: | H.C.C.C. No. 206 of 1994 |
| History Judges: | Sheikh Mohammed Amin |
| History County: | Nairobi |
| Case Outcome: | Application Dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, AKIWUMI & PALL JJ.A.)
CIVIL APPLICATION NO.NAI 298 OF 1996 (113/96 UR)
BETWEEN
FRANCIS KABAA….....………………………………………………APPLICANT
AND
NANCY WAMBUI
JANE WANJIRU…………………………………………………RESPONDENTS
(Application for stay of execution in an intended appeal from Ruling or Order of the High Court of Kenya at Nairobi (Justice Sheikh Amin) dated 14th September, 1994
In
H.C.C.C.NO. 206 OF 1994)
*************
RULING OF THE COURT
The application according to the notice of motion is to stay the order of Amin, J. in which he dismissed the applicant’s suit then before him. Before us the applicant says that what he wants is a stay of an order that he should pay costs. But this is not really what the order of Amin, J. was all about. In any case, even if that were so, the appellant, if he succeeds in his appeal, would be refunded his costs. Furthermore, we do not think that stay can be granted in respect of costs. The appellant has also not given any cogent reason why he should be granted stay. In all the circumstances, the order that commends itself to us is that the application be refused and it is hereby so ordered. The applicant will pay the costs of this application.
Dated and delivered at Nairobi this 11th day of December, 1996
R.S.C OMOLO
…………………….
JUDGE OF APPEAL
A.M. AKIWUMI
………………………
JUDGE OF APPEAL
G.S. PALL
………………………
JUDGE OF APPEAL
I certify that this is
a true copy of the original.
DEPUTY REGISTRAR
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