Mohamed t/a General Office Technology Solutions & 3 others v Gachie t/a Auctioneers & another [2025] KEHC 1551 (KLR)

Mohamed t/a General Office Technology Solutions & 3 others v Gachie t/a Auctioneers & another (Civil Appeal E1198 of 2024) [2025] KEHC 1551 (KLR) (Civ) (17 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1551 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal E1198 of 2024

LP Kassan, J

February 17, 2025

Between

Feisal Sharif Mohamed t/a General Office Technology Solutions

1st Applicant

Hamza Mohamed

2nd Applicant

Mohamed Abdullahi

3rd Applicant

Galgolo Jatia

4th Applicant

and

Peter M Gachie t/a Auctioneers

1st Respondent

Meru Central Coffee Cooperation Union Limited through Wambugu Muriuki Advocates

2nd Respondent

Ruling

1. This is an application for stay pending appeal. I have read the submissions on record and the affidavits.

2. The right to appeal is fundamental and before any stay is issued the court must be satisfied that the appeal will not be rendered a nugatory.

3. In this case, there is a notice to show cause which is pending. Other orders emanating from the Impugned have already been complied with. To ensure that the appeal is not rendered nugatory in case it succeeds, I shall stay the notice to show cause issued earlier pending hearing and determination of the appeal.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF FEBRUARY 2025HON L KASSANJUDGEIn the presence of:Kigen for the AppellantThuo for the ApplicantCourt Assistant – Carol