[2023] KEELC 15949 (KLR)
The court found that since execution had already been carried out, the application for stay of execution was overtaken by events. There being no opposition to the withdrawal, and the circumstances meriting such withdrawal, the court allowed the application to be withdrawn with no orders as to costs.
Source-derived case information.
- Citation
- [2023] KEELC 15949 (KLR)
- Parties
- Appellant: Narkiso Oyugi Aketch (Suing as the administrator of the Estate of Jethro Akech Odongo); Respondent: Elijah Odhiambo Onyango (Sued as the administrator of the Estate of Joash Onyango Ochieng)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 30 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Withdrawal of Stay Application
- Outcome
- Application withdrawn with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Stay of Execution, Withdrawal of Application, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Narkiso Oyugi Aketch (Suing as the administrator of the Estate of Jethro Akech Odongo)
Appellant
Elijah Odhiambo Onyango (Sued as the administrator of the Estate of Joash Onyango Ochieng)
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Withdrawal of Stay Application
Legal Issues
- 1 Whether the application for stay of execution should be withdrawn in light of execution having already been carried out.
Ratio Decidendi
The court found that since execution had already been carried out, the application for stay of execution was overtaken by events. There being no opposition to the withdrawal, and the circumstances meriting such withdrawal, the court allowed the application to be withdrawn with no orders as to costs.
Court Disposition
Application withdrawn with no orders as to costs.
Orders
- The application dated 9th February 2023 is withdrawn with no orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Aketch (Suing as the administrator of the Estate of Jethro Akech Odongo) v Onyango (Sued as the administrator of the Estate of Joash Onyango Ochieng) (Environment and Land Appeal 30 of 2021) [2023] KEELC 15949 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15949 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 30 of 2021
GMA Ongondo, J
February 28, 2023
FORMERLY MIGORI ELC APPEAL NO E028 OF 2021
Between
Narkiso Oyugi Aketch (Suing as the administrator of the Estate of Jethro Akech Odongo)
Appellant
and
Elijah Odhiambo Onyango (Sued as the administrator of the Estate of Joash Onyango Ochieng)
Respondent
(Being an appeal from the judgment of Hon. Tom Mark Olando, Principal Magistrate dated 5th May 2021 in Homa-Bay Chief Magistrate’s Court Environment and Land Case No. 63 of 2019)
Ruling
1. On 9th February 2023, the applicant through Kijana and Company Advocates filed an application by way of Notice of Motion of even date seeking, inter alia;a.Upon inter-parte hearing of this application, orders do issue for stay of execution of the decree hereof, pending the outcome of the application for stay of execution filed in the court of Appeal at Kisumu Misc. ELC application No E 132 of 2022. b.Upon inter-parte hearing of this application, orders do issue to stop and/or prevent the sale of the Applicant’s goods that have so far been proclaimed to settle the decree hereof.
2. Ms Ochieng instructed Kijana and Company Advocates has informed the Court thus:“Notice of motion dated 9th February 2023 has been overtaken by events as execution has been carried out. Therefore, I pray that the same be withdrawn with no orders as to costs. Ms. Kijana just been instructed herein.”
3. The application for withdrawal is not opposed and merited in the circumstances.
4. I, therefore, proceed to order the application withdrawn with no orders as to costs.
5. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 28TH DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPRESENT1. Ms. Ochieng instructed by Kijana and company Advocates for the appellant.2. Court Assistant, Mutiva.