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Court of AppealOtherCivil Application No. Nai. 295 of 2001 (160/2001 UR)
United Insurance Co. Ltd v Stephen Ngare Nyamboki [2001] KECA 271 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal temporarily blocked enforcement of a Kisii High Court decree against United Insurance while a stay application remains pending.
What this practically means
#Executive summary
#This document is a short interlocutory order of the Court of Appeal at Nairobi, not a reasoned appellate judgment. It arises from an application for stay of execution by United Insurance Co. Ltd, the applicant, against Stephen Ngare Nyamboki, the respondent, directed at an order of the High Court of Kenya at Kisii (Wambiliangah, J) dated 30th May 2001, made on an application dated 12th March 2001 in H.C.C.C. No. 45 of 2000. On 30th August 2001 the coram of Shah, Owuor and O'Kubasu, JJ.A, dealt with the matter on the hearing list. Because counsel for the respondent, Mr. Okoth, had been taken ill, and because Mr. Kinyanjui for the applicant did not oppose an adjournment, the Court removed the application from that day's hearing list and stood it over generally, granting the parties liberty to take another date at the registry convenient to the Court and the parties' advocates. However, the Court granted interim relief: the execution of the decree in Kisii H.C.C.C. No. 45 of 2000 was stayed in all aspects until the hearing and determination of the application. No issues were framed, no authorities were cited, no costs were awarded, and no substantive holdings were pronounced. The document therefore records only a temporary stay and an adjournment; the substantive application remained pending and undecided.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application is taken out of the day's hearing list and stood over generally, with liberty to the parties to take another date at the registry convenient to the Court and the parties' advocates.
- 2.The execution of the decree in Kisii H.C.C.C. No. 45 of 2000 is stayed in all aspects until the hearing and determination of this application.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kisii
- H.C.C.C. No. 45 of 2000
- Jurisdiction invoked
- Not stated in the document; the application is brought under the Court of Appeal's stay-of-execution jurisdiction (the document does not cite the enabling provision).
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The execution of the decree in Kisii H.C.C.C. NO. 45 of 2000 is stayed in all aspects until the hearing and determination of this application.
Issues in the judgment
#material
The document is a brief interlocutory order, not a reasoned judgment: it contains no issues for determination, no holdings, no analysis, and no costs order, so most brief fields cannot be populated from it.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "United Insurance Co. Ltd v Stephen Ngare Nyamboki [2001] KECA 271 (KLR)", Case Analysis (2001). Civil Application No. Nai. 295 of 2001 (160/2001 UR). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/271/eng@2001-08-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.