Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealOtherCivil Application No. NAI. 211 of 1999 (84/99 UR)· [1999] KECA 83 (KLR)

PETER KANYIRI KOIGI vs MAKAHU OLE SEKUNDA [1999] KECA 83 (KLR)

Court of Appeal
16 August 1999
JGJ.E. GicheruASA.B. ShahEOE. Owuor
187 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal froze the position on disputed premises pending appeal, showing consent can secure interim protection without a fight.

What this practically means

#

Executive summary

#
This document is a short interlocutory order of the Court of Appeal at Nairobi, delivered on 16 August 1999 by a bench of Gicheru, Shah and Owuor, JJ.A., in a civil application brought by Peter Kanyiri Koigi against Makahu Ole Sekunda, Isaac Nchunga Mukahu and Geoffrey Mwai Kabiro. The application related to an intended appeal from a decision of the High Court of Kenya at Nairobi (Mitey, J) given on 12 July 1999 in H.C. Originating Summons No. 556 of 1999. The court did not hear or determine the appeal itself; it dealt only with preservation of the position of the parties in the interim. Noting that Mr. Kagiri, counsel for the three respondents, was not averse to the status quo of the suit premises being maintained pending the hearing and determination of the applicant's intended appeal, the court ordered that the status quo in respect of the premises be maintained. It further ordered that the costs occasioned by the application would be costs in the intended appeal, meaning no party was immediately liable for them and their allocation was deferred. The order is unreasoned, cites no authorities or statutory provisions, and reflects a single unanimous decision of the full bench. Its practical significance lies in preserving the subject matter of the dispute (possession or use of the suit premises) until the intended appeal could be heard and determined, and in reserving the question of the application's costs to that appeal.

Key legal issues

#
01

Preservation of the status quo of suit premises pending an intended appeal

Holding

The Court ordered maintenance of the status quo on the basis of the respondents' non-objection, and reserved costs of the application to the intended appeal.

Reasoning

This is a brief interlocutory order made by consent in effect: counsel for the respondents indicated he was not averse to the status quo being maintained. The court, exercising its discretion to preserve the subject matter of the intended appeal, ordered the status quo to continue and made no order as to immediate costs, placing them in the intended appeal.

p. 2

Legal principles established

#
  • Where a respondent is not averse to maintenance of the status quo of suit premises pending an intended appeal, the Court of Appeal will order that the status quo be maintained, with costs of the application reserved to the intended appeal.

Court orders

#
  1. 1.That the status quo in respect of the suit premises be maintained pending the hearing and determination of the applicant's intended appeal
  2. 2.That the costs occasioned by the application shall be in the intended appeal
On appeal from
High Court of Kenya at Nairobi
H.C. Originating Summons No. 556 of 1999
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal to preserve the status quo pending an intended appeal (rule cited in the cause number: 84/99 UR); no specific constitutional or statutory provision is quoted in the order

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "PETER KANYIRI KOIGI vs MAKAHU OLE SEKUNDA [1999] KECA 83 (KLR)", Case Analysis (1999). Civil Application No. NAI. 211 of 1999 (84/99 UR). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/83/eng@1999-08-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.