Sarah Mumo Muvake & 1 other v Co-operavite Bank of Kenya Limited
The bottom line
#The Court of Appeal refused to pause a Kajiado judgment ordering occupants to vacate a Kajiado home, because the occupants' appeal lacked a credible arguable point.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants had an arguable appeal
The court found no arguable appeal. The statutory notice under Section 96 of the Land Act was served at the principal borrower's given address for service, and the court declined to make definitive findings on the merits.
The applicants did not challenge that the principal borrower had given his postal address as his address for service and that the statutory notice was sent there. Their argument that the bank should have physically delivered the notice to the suit property was rejected, the court noting the bank also complied with the contractual mode of service. It is sufficient if a single bona fide arguable ground is raised, but none was demonstrated.
Whether the appeal would be rendered nugatory if the stay were not granted
Having found no arguable appeal, the court did not need to reach the nugatory limb, but observed obiter that the respondent, a reputable commercial bank, could pay any damages awarded.
The court noted the twin principles must both be satisfied, but failure on the first disposed of the application. It nonetheless reasoned that the respondent was a reputable commercial bank able to satisfy any damages, so the appeal would not be rendered nugatory even if the applicants succeeded.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy both twin principles: an arguable appeal and that the appeal would be rendered nugatory absent a stay.
Court orders
#- 1.The application dated 1st August 2024 for stay of implementation of the High Court judgment is dismissed
- 2.The applicants shall pay the respondent the costs of the application
- On appeal from
- High Court of Kenya at Kajiado
- Not stated in the judgment
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (stay of execution / injunction pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sarah Mumo Muvake & 1 other v Co-operavite Bank of Kenya Limited", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/279/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.