[2021] KEHC 1009 (KLR)
The court granted leave for the application to be heard during the recess but declined to certify the main application for stay as urgent. The judge found that no urgency was disclosed because the orders sought to be stayed were in execution of a decree settled by a consent order dated 13th November 2021, which had...
Source-derived case information.
- Citation
- [2021] KEHC 1009 (KLR)
- Parties
- Applicant: Alice Nyomenda (Oeri & Co. Advocates); Respondent: Silvanus Osobo Onyiego
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 62 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Be Heard During Recess and Stay of Execution
- Outcome
- Leave to be heard during recess granted; application for stay not certified as urgent; file returned to Kisumu High Court.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Consent Orders, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Nyomenda (Oeri & Co. Advocates)
Applicant
Silvanus Osobo Onyiego
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Be Heard During Recess and Stay of Execution
Legal Issues
- 1 Whether leave should be granted to hear the application during court recess.
- 2 Whether the application for stay discloses sufficient urgency to warrant certification as urgent.
- 3 Whether the consent order settling the matter precludes the grant of stay.
Ratio Decidendi
The court granted leave for the application to be heard during the recess but declined to certify the main application for stay as urgent. The judge found that no urgency was disclosed because the orders sought to be stayed were in execution of a decree settled by a consent order dated 13th November 2021, which had not been varied. The court directed that the application be served on the respondent for consideration by the trial court in the ordinary course of business and suggested the parties may seek an amicable settlement in the interim. The file was ordered returned to the Kisumu High Court for further directions in the new term.
Court Disposition
Leave to be heard during recess granted; application for stay not certified as urgent; file returned to Kisumu High Court.
Orders
- Leave is granted for the application to be heard during the recess.
- Application for stay is not certified as urgent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CIVIL CASE NO. 62 OF 2021
(ORIGINATING FROM KISUMU MISC. CIVIL APPLICATION NO. 55/2019)
ALICE NYOMENDA (OERI & CO. ADVOCATES)..................................APPLICANT
VERSUS
SILVANUS OSOBO ONYIEGO.................................................................RESPONDENT
RULING
1. I have considered the aspplication seeking leave to be heard during the recess. I grant leave to be heard during the recess. On the main application for stay, I am not satisfied that any urgency is disclosed. I decline to certify it as urgent for reasons that the orders which are sought to be stayed are in execution of a decree which matter was settled by a consent order of 13th November 2021 and there is no order varying the said consent.
2. I direct the Applicant to serve the Respondent with the application for consideration by the trial court in the ordinary course of business in the next term and may, in the intervening period approach the Respondent for an amicable settlement.
3. The file is returned to Kisumu High Court for further directions in the new term, a date to be given by the Deputy Registrar, Kisumu.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE