Hassan & another v Gulf African Bank Limited & another (Environment and Land Case E061 of 2023) [2026] KEELC 5081 (KLR)
The bottom line
#The High Court of Kenya refused to pause a lawsuit pending appeal, confirming that stay of proceedings is an exceptional remedy that a mere notice of appeal cannot justify.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for stay of proceedings pending appeal was met
The application was dismissed because the applicant established neither a prima facie arguable case nor that the appeal would be rendered nugatory, and a stay would only delay the case
The court, guided by the Re Global Tours & Travel Ltd and Kenya Power & Lighting Co. Ltd criteria, held that the discretion to stay proceedings must serve the interest of justice and expeditious disposal. The applicant relied only on a notice of appeal and assertions of chances of success. The court found no prima facie case established, no demonstration of nugatory-ness, and reiterated that applications meant to delay the wheels of justice must be stopped. Costs followed the dismissal.
Legal principles established
#- Whether to grant a stay of proceedings is a matter of judicial discretion to be exercised in the interest of justice, weighing expeditious disposal, arguability of the intended appeal, judicial time and expedition of the application
- The considerations for stay of proceedings are: a prima facie arguable case, expeditious filing, and sufficient cause showing it is in the interest of justice to grant the orders
- In a stay of proceedings application the court assesses the overall impression arising from the total circumstances of the case
Court orders
#- 1.The notice of motion dated 20th February, 2026 seeking stay of proceedings is dismissed
- 2.Costs of the application awarded to the plaintiffs/respondents
- Jurisdiction invoked
- Article 159(2) of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hassan & another v Gulf African Bank Limited & another (Environment and Land Case E061 of 2023) [2026] KEELC 5081 (KLR)", Case Analysis (2026). Not stated in judgment (notice of motion dated 20th February, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5081/eng@2026-08-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.