[2018] KEHC 8938 (KLR)
The court found that the stay of execution orders granted on 16th February, 2017, were expressly limited to a period of 30 days and were conditional upon the deposit of the decretal sum. Since the condition was not met and the period had lapsed, the orders had already expired by operation of law. There were...
Source-derived case information.
- Citation
- [2018] KEHC 8938 (KLR)
- Parties
- Applicant: Andeson Njaramba Mugi; Applicant: Joyce Wambui Nyoike; Respondent: John Magu Wanyoike; Respondent: Angwenyi Damaris
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 418 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Orders for Non Compliance With Condition of Stay
- Outcome
- application dismissed with costs
- Judges
- BT Jaden
- Legal Topics
- Extension of Time, Stay of Execution, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andeson Njaramba Mugi
Applicant
Joyce Wambui Nyoike
Applicant
John Magu Wanyoike
Respondent
Angwenyi Damaris
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Orders for Non Compliance With Condition of Stay
Legal Issues
- 1 Whether the court can set aside stay of execution orders where the decretal sum was not deposited as previously ordered.
- 2 Whether there are subsisting orders capable of being set aside after the lapse of the conditional period.
Ratio Decidendi
The court found that the stay of execution orders granted on 16th February, 2017, were expressly limited to a period of 30 days and were conditional upon the deposit of the decretal sum. Since the condition was not met and the period had lapsed, the orders had already expired by operation of law. There were therefore no subsisting orders for the court to set aside. The application was dismissed as moot, with costs to the respondents.
Court Disposition
application dismissed with costs
Orders
- The application dated 17th October, 2017 is dismissed with costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CIVIL DIVISION
HIGH COURT CIVIL MISC. APPL. NO. 418 OF 2016
ANDESON NJARAMBA MUGI.....................................1ST APPLICANT
JOYCE WAMBUI NYOIKE............................................2ND APPLICANT
(Suing as administrators of the estate of John Itotia Njaramba)
VERSUS
JOHN MAGU WANYOIKE.......................................1ST RESPONDENT
ANGWENYI DAMARIS............................................2ND RESPONDENT
RULING
1. In a ruling dated 16th February, 2017, this court allowed an application for the extension of time within which to file an appeal against the judgment and decree of the Chief Magistrate’s Court and gave stay of execution orders on condition that the decretal sum be deposited within 30 days.
2. The application dated 17th October, 2017 principally seeks orders that the aforestated orders be set aside on the grounds that the decretal sum has not been deposited as ordered by the court. The Application is unopposed. No papers were filed in response to the same. There was no attendance on the Respondent’s side during the hearing of the Application though service had been effected.
3. I have considered the application. The orders given on 16th February, 2017 were limited to a period of 30 days. The said orders have since lapsed. There are therefore no orders for this court to set aside. Consequently, the application is hereby dismissed with costs.
Dated, signed and delivered at Nairobi this 25th day of January, 2018
B. THURANIRA JADEN
JUDGE