[2009] KEHC 1287 (KLR)
The court held that the Deputy Registrar acted without jurisdiction in issuing orders that effectively revised the High Court's earlier ruling declining a stay of execution. The Judge emphasized that only the court that made the original order or a higher court on appeal could alter or set aside such an order. The...
Source-derived case information.
- Citation
- [2009] KEHC 1287 (KLR)
- Parties
- Plaintiff: Alice Wambura Njagi; Plaintiff: Nancy Gaturo Ireri; Defendant: Robert Njoka; Defendant: Nicholas Mwaki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 52 of 1999
- Procedural Posture
- Civil Case / Ruling on Notice of Motion Challenging Deputy Registrar's Orders
- Outcome
- Notice of motion allowed; Deputy Registrar's orders declared void ab initio.
- Judges
- J Karanja
- Legal Topics
- Stay of Execution, Jurisdiction of Registrar, Money Decree, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alice Wambura Njagi
Plaintiff
Nancy Gaturo Ireri
Plaintiff
Robert Njoka
Defendant
Nicholas Mwaki
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion Challenging Deputy Registrar's Orders
Legal Issues
- 1 Whether the Deputy Registrar had jurisdiction to alter or revise the High Court's ruling declining stay of execution.
- 2 Whether the orders by the Deputy Registrar to deposit money in a joint account were valid.
Ratio Decidendi
The court held that the Deputy Registrar acted without jurisdiction in issuing orders that effectively revised the High Court's earlier ruling declining a stay of execution. The Judge emphasized that only the court that made the original order or a higher court on appeal could alter or set aside such an order. The Deputy Registrar's orders to deposit the decretal sum in a joint account amounted to granting a stay that had already been refused, which was illegal, irregular, and void ab initio. Consequently, the notice of motion challenging those orders was allowed, and the parties were directed to proceed as if the Deputy Registrar's orders had never been made.
Court Disposition
Notice of motion allowed; Deputy Registrar's orders declared void ab initio.
Orders
- Notice of motion dated 20/6/2009 is allowed in terms of prayers (a), (c), and (d).
- Parties to proceed as if the Deputy Registrar's orders were never made.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Case 52 of 1999
ALICE WAMBURA NJAGI………………………………………..1ST PLAINTIFF
NANCY GATURU IRERI…………………………………...……..2ND PLAINTIFF
VERSUS
ROBERT NJOKA……………………………………………….1ST DEFENDANT
NICHOLAS MWAKI…………….………………………………..2ND DEFENDANT
RULING
The court did on 31/7/2008 deliver a ruling following an application for a stay of execution.
I declined to grant a stay and one of the reasons I gave was that the applicant therein had not established that the Respondents were women of straw who could not refund the money if the appeal was allowed.
I also found that the appeal would not have been rendered nugatory since this was a money decree and the same could be refunded. The meaning and purport of those observations was that the money should have been paid to the Respondents.
The Deputy Registrar thereafter was moved by way of a notice to show cause and she gave orders that the money be deposited in a joint bank account. She in effect changed my entire ruling and effectively granted the stay orders which I had declined. She may not have appreciated the effect of her ruling but she did actually revise my ruling which she lacks jurisdiction to do.
I have carefully considered the issues raised by Mr. Kinyua in his preliminary objection and the replying affidavit of Robert Njoka dated 8/7/2009 but these do not change the fact that the Deputy Registrar gave orders that effectively changed and revised this court’s orders of 31/7/2008. Those orders were illegal, irregular and void ab initio. The notice of motion dated 20/6/2009 therefore succeeds. The same is allowed in terms of prayers (a) (c) and (d). Parties should proceed as if the Deputy Registrar’s orders were never made.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 4th day of Nov 2009.
In presence of:- Mr. Okwaro for plaintiff present
Mr. Kinyua Muriithi for defendant/Respondent