[2024] KEHC 14063 (KLR)
The court found that the application for stay of execution and leave to appeal was properly served on the respondent, who failed to file any response or appear for the hearing. In the absence of opposition and upon consideration of the applicant's submissions, the court exercised its discretion to grant the orders...
Source-derived case information.
- Citation
- [2024] KEHC 14063 (KLR)
- Parties
- Applicant: Peterson Matonda Angwenyi & another; Respondent: Linda Karagai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E966 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal
- Outcome
- Application allowed as unopposed.
- Judges
- TW Ouya
- Legal Topics
- Stay of Execution, Leave to Appeal, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peterson Matonda Angwenyi & another
Applicant
Linda Karagai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment delivered on 15th February 2024 pending appeal.
- 2 Whether leave to appeal against the judgment should be granted to the applicant.
- 3 Whether the application is unopposed due to lack of response or appearance by the respondent.
Ratio Decidendi
The court found that the application for stay of execution and leave to appeal was properly served on the respondent, who failed to file any response or appear for the hearing. In the absence of opposition and upon consideration of the applicant's submissions, the court exercised its discretion to grant the orders sought. The court was satisfied that the applicant had met the threshold for grant of stay and leave to appeal, and that the respondent's non-participation amounted to non-opposition. Accordingly, the court ordered the unconditional release of the subject motor vehicle, granted leave to appeal, and directed that costs be in the cause.
Court Disposition
Application allowed as unopposed.
Orders
- The release of motor vehicle registration number KCZ 549Y unconditionally.
- Leave is granted to the applicant to appeal against the judgment of Hon. Ruguru SPM dated 15th February 2024.
Full Case Text
Judgment text and source record
24 paragraphs
Angwenyi & another v Karagai (Miscellaneous Application E966 of 2024) [2024] KEHC 14063 (KLR) (Civ) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14063 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Application E966 of 2024
TW Ouya, J
November 13, 2024
Between
Peterson Matonda Angwenyi & another & another
Applicant
and
Linda Karagai
Respondent
Ruling
1. Before the court is a Notice of Motion application dated 22nd October 2024.
2. The gist of the application is for stay of execution of the Judgement delivered on 15th February 2024 by Hon. Ruguru SPM pending hearing and determination of this application.
3. The court had granted interim stay on prayers 3 and 4 on 28th October 2024.
4. The application together with supporting affidavit memorandum of appeal and directions for inter parties hearing for 11th November 2024 were served upon the Respondent.
5. The Applicant filed an affidavit of service dated 8th November 2024,
6. Despite service, the Respondent has failed to file any response or appear in court for inter parties hearing. In the absence of such the court takes it that the matter is unopposed.
7. Counsel for the Applicant has made oral submissions moving the court to grant prayers No. 5 and 6.
8. In the absence of any objections to the applicant’s application, the court orders that:1. The release of motor vehicle registration number KCZ 549Y unconditionally.2. Leave is granted to the Applicant to appeal against the Judgement of Hon. Ruguru SPM dated 15th February 2024. 3.Costs of the application be in the cause.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 13TH DAY OF NOVEMBER, 2024ROA 14 days.HON. T. W. OuyaJUDGE12/11/2024For Applicant Ms BorFor Respondent No appearanceCourt Assistant Martin