Mohammed Kalisa v. Gladys Nyangire Karumu, John Katto, Access Reprographics Ltd

Court of Appeal Civil Reference No. 139 of 2013 – On the powers of a Registrar to stay orders of a High Court Judge –

The Respondents commenced an action against the appellant, DFCU Bank and others challenging the bank’s foreclosure and sell of a mortgaged property to the applicant.  The High Court set aside the sell and ordered the cancellation of the applicant’s name from the title. The applicant preferred an appeal. Whilst on appeal, the applicant sought a stay of execution of the decree.  His application was rejected by both the Assistant Registrar and Single Judge. On reference to a full bench, the position of law on the role of Registrars was clarified stating that a Registrar did not have power to stay a decree.  The position was thus put as all applications for stay of execution be placed before the Trial Court first.