[2021] KEHC 1002 (KLR)
The court found that there were no orders of taxation or certificates of taxation on record, and no warrants of attachment or sale had been issued. Therefore, there was nothing capable of execution, and no urgency was demonstrated to justify hearing the applications during the court recess. The applications were not...
Source-derived case information.
- Citation
- [2021] KEHC 1002 (KLR)
- Parties
- Appellant: Auto Selection (K) Limited; Respondent: Edmond Shiundu Alele; Respondent: Peter Njoroge Nganga
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 41 of 2021
- Procedural Posture
- Civil Appeal / Application for Stay of Execution and Certification of Urgency During Recess
- Outcome
- applications declined; files returned to Bungoma High Court; matter closed at Siaya High Court
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Taxation of Costs, Certification of Urgency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Auto Selection (K) Limited
Appellant
Edmond Shiundu Alele
Respondent
Peter Njoroge Nganga
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution and Certification of Urgency During Recess
Legal Issues
- 1 Whether there are executable orders or certificates of taxation to warrant stay of execution.
- 2 Whether the applications demonstrate sufficient urgency to be heard during the court recess.
Ratio Decidendi
The court found that there were no orders of taxation or certificates of taxation on record, and no warrants of attachment or sale had been issued. Therefore, there was nothing capable of execution, and no urgency was demonstrated to justify hearing the applications during the court recess. The applications were not supported by material evidence to warrant consideration under certificates of urgency. The files were returned to the Bungoma High Court for further management, and the matter was closed at Siaya High Court.
Court Disposition
applications declined; files returned to Bungoma High Court; matter closed at Siaya High Court
Orders
- Applications for stay of execution and certification of urgency declined.
- Files returned to Bungoma High Court for further management.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 41 OF 2021
(ORIGINATING FROM BUNGOMA HCCA 48/2018)
(CONSOLIDATED WITH BUNGOMA HCCA NO. 49, 50 & 51 OF 2018)
AUTO SELECTION (K) LIMITED........................................APPELLANT/APPLICANT
VERSUS
EDMOND SHIUNDU ALELE...............................................................1ST RESPONDENT
PETER NJOROGE NGANGA..............................................................2ND RESPONDENT
DIRECTIONS
1. I have perused the applications filed by the applicant seeking to be heard during the recess and the one seeking for stay of execution of the taxed costs.
2. I have also perused the email dated 24/12/2021 from the Hon. Deputy Registrar, Bungoma High Court addressed to the parties to the appeals herein 48-51 of 2018 wherein the Deputy Registrar informs counsel that there are no orders of taxation issued on 26/11/2021 in the subject Appeal files.
3. I am not satisfied that there is any urgency involved in these matters as there are no orders capable of execution. Only Certificates of Taxation are capable of being executed in matters costs only. No such certificates are on record. I have also not seen any warrants of attachment and sale or proclamation issued by the court to the Court Bailiff or Auctioneer.
4. I find the applications not supported by material to warrant consideration during the recess under Certificates of Urgency. I decline to certify the matters for consideration during the recess and return the files back to Bungoma High Court. The Applicant to liaise with the Deputy Registrar, Bungoma High Court on the next steps in the matter.
5. The file is closed from our end at Siaya High Court.
6. These proceedings to be submitted to the Deputy Registrar Bungoma High Court.
7. High Court forthwith.
8. I so direct.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF DECEMBER, 2021
R.E. ABURILI
JUDGE