[2024] KEHC 11289 (KLR)
The court found that the applicant had not disclosed any urgency in the application for stay of execution. Upon perusal of the certificate of urgency, supporting affidavit, and annexed documents, the court exercised its discretion to decline certification of urgency. The court directed that the application be served...
Source-derived case information.
- Citation
- [2024] KEHC 11289 (KLR)
- Parties
- Applicant: Africa Merchant Assurance Co. Ltd; Respondent: Laban Marewa Angira
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E037 of 2024
- Procedural Posture
- Civil Appeal / Directions on Urgency and Service of Application for Stay of Execution
- Outcome
- Application for certification of urgency declined; directions issued for service and interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Urgency Certification, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Africa Merchant Assurance Co. Ltd
Applicant
Laban Marewa Angira
Respondent
Procedural Posture
Civil Appeal / Directions on Urgency and Service of Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution should be certified as urgent.
- 2 Whether the applicant has disclosed sufficient urgency to warrant immediate court intervention.
Ratio Decidendi
The court found that the applicant had not disclosed any urgency in the application for stay of execution. Upon perusal of the certificate of urgency, supporting affidavit, and annexed documents, the court exercised its discretion to decline certification of urgency. The court directed that the application be served upon the respondent for interpartes directions, emphasizing that the threshold for urgency had not been met and that due process required the respondent's participation before further orders could be made.
Court Disposition
Application for certification of urgency declined; directions issued for service and interpartes hearing.
Orders
- The application is not certified as urgent.
- Applicant/Appellant to serve the Respondent with the application for interpartes directions on 24th October 2024.
Full Case Text
Judgment text and source record
24 paragraphs
Africa Merchant Assurance Co. Ltd v Angira (Civil Appeal E037 of 2024) [2024] KEHC 11289 (KLR) (24 September 2024) (Directions)
Neutral citation: [2024] KEHC 11289 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E037 of 2024
RE Aburili, J
September 24, 2024
Between
Africa Merchant Assurance Co. Ltd
Applicant
and
Laban Marewa Angira
Respondent
Directions
1. This is a Siaya High Court matter. The court has no Judge presiding following the untimely demise of Hon. Mr. Justice D. O. Ogembo in July 2024. This court is therefore providing support to Siaya High Court which falls in the same Geographical region as Kisumu High Court.
2. I have perused the certificate of urgency in support of the application dated 23rd September 2024.
3. The Judgment which is impugned by this appeal was rendered on 24th August 2024.
4. The Appellant seeks for stay of execution of decree in Bondo SPMCC No. 102 of 2023 pending the hearing and determination of the application and the appeal herein.
5. The award is Kshs.12,000,700 plus costs and interest made in Bondo SPMCC No. E070 of 2022. The former suit is a declaratory suit of the latter Judgment.
6. I have considered the supporting affidavit and the documents annexed thereto. I do not find any urgency disclosed. I decline to certify the application as urgent and direct the Applicant/Appellant to serve the Respondent with the application for interpartes directions on 24th October 2024.
7. These directions to be typed and uploaded in the CTS.
8. The Applicant’s counsel to be notified forthwith to comply with the court’s directions.
9. I so direct.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE