Baharini Consultants Limited v Thuo (Suing as the Personal Representative and Administrator of the Estate of the Deceased Joram Thuo Wairegi) & another (Civil Application E131 of 2024) [2025] KECA 1140 (KLR)
The bottom line
#Kenya's Court of Appeal stopped an auction of a company's goods, confirming that non-parties facing execution can get protection pending appeal.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The draft grounds - that the Judge erred in finding there was no evidence of ownership when business permits and log books had been produced - are arguable.
The applicant intended to argue that the Judge overlooked documents (business permits and motor vehicle log books) produced with the application dated 20th September 2022 showing ownership of the proclaimed goods. The Court found these were not idle grounds but arguable, requiring full consideration at the hearing of the appeal, citing Mandavia v Sara Lee.
Nugatory value of the intended appeal
The appeal would be rendered nugatory if the goods were sold in execution of a decree in a suit to which the applicant was not a party.
The applicant was a stranger to the suit from which the decree arose and filed objection proceedings claiming the proclaimed goods. Sale of the goods would place them beyond the applicant's reach and cause loss to its business, satisfying the second Rule 5(2)(b) principle.
Legal principles established
#- An applicant under Rule 5(2)(b) must demonstrate that the appeal or intended appeal is arguable and that it will be rendered nugatory if stay or relief is not granted.
- An arguable point on appeal is not one that must succeed; it is one requiring full consideration and determination by the Court.
Court orders
#- 1.Injunction restraining the 1st respondent including Vintage Auctioneers from attaching the applicant's movable goods including machines and motor vehicles, in terms of prayers (a) and (b) of the Motion
- 2.Costs of the motion to be in the intended appeal
- On appeal from
- High Court of Kenya, Nyeri
- HCCC No. 39 of 2002 (consolidated with 121 of 2001)
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Baharini Consultants Limited v Thuo (Suing as the Personal Representative and Administrator of the Estate of the Deceased Joram Thuo Wairegi) & another (Civil Application E131 of 2024) [2025] KECA 1140 (KLR)", Case Analysis (2025). Not stated in judgment (Civil Application, Rule 5(2)(b)). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1140/eng@2025-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.