Charles Koskei Mereng & 3 others v Twin Constructions Co. Limited [2016] KEELC 834 (KLR)
The bottom line
#A Nakuru court threw out a request to pause a stadium construction because the applicants waited nearly a year without explanation.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of close to one year in filing the stay application was unreasonable
The delay was inordinate and unreasonable, dispositive of the application
Order 42 Rule 6(2) requires that a stay application be made without unreasonable delay. The ruling was delivered on 4 March 2015 and the notice of appeal lodged on 13 March 2015, yet the stay application was only filed on 17 February 2016, nearly a year later. No explanation was offered for the wait, and given that the plaintiffs sought to halt an on-going construction, considerable developments would have occurred on site in the interim. Delay alone sufficed to defeat the application.
The elements for stay of execution pending appeal under Order 42 Rule 6(2)
Three elements: absence of unreasonable delay, substantial loss, and security; the court need only resolve one adversely to dispose of the application
The court reproduced Order 42 Rule 6(2) and identified three cumulative elements: that the application be made without unreasonable delay, that substantial loss be demonstrated, and that security be furnished. Having found the first element unsatisfied due to inordinate delay of close to one year with no explanation, the court held it unnecessary to consider the remaining two elements.
Legal principles established
#- An application for stay pending appeal under Order 42 Rule 6(2) must be made without unreasonable delay; inordinate delay alone justifies dismissal without considering the other elements
Court orders
#- 1.The application dated 17 February 2016 for stay pending appeal is dismissed with costs
- 2.It is so ordered
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Charles Koskei Mereng & 3 others v Twin Constructions Co. Limited [2016] KEELC 834 (KLR)", Case Analysis (2016). Not stated in judgment (suit commenced by plaint filed 11 June 2013; application dated 17 February 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/834/eng@2016-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.