[2024] KEELC 13986 (KLR)
The court found that although the defendant's application largely repeated arguments from a previous application, the new element was the filing of a Notice of Appeal, evidencing a genuine intention to appeal. Applying the principle of balancing the interests of both parties and the overriding objective of civil...
Source-derived case information.
- Citation
- [2024] KEELC 13986 (KLR)
- Parties
- Plaintiff: Broadwell Limited; Defendant: Daylight Self-Help Group
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 998 of 2016
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution granted for 45 days; costs awarded to plaintiff.
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Appeal Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Broadwell Limited
Plaintiff
Daylight Self-Help Group
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the defendant is entitled to a stay of execution of the judgment pending the hearing and determination of an intended appeal.
- 2 Whether the application raises any new issues beyond those previously determined.
Ratio Decidendi
The court found that although the defendant's application largely repeated arguments from a previous application, the new element was the filing of a Notice of Appeal, evidencing a genuine intention to appeal. Applying the principle of balancing the interests of both parties and the overriding objective of civil procedure, the court determined that a limited stay of execution was justified to allow the defendant to pursue the appellate process. The stay was therefore granted for a fixed period of 45 days, with costs awarded to the plaintiff.
Court Disposition
Application for stay of execution granted for 45 days; costs awarded to plaintiff.
Orders
- An order of stay of execution of the judgment is granted for a period of 45 days from the date of delivery of this ruling.
- The applicants are condemned to pay the costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
Broadwell Limited v Daylight Self-Help Group (Environment & Land Case 998 of 2016) [2024] KEELC 13986 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13986 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 998 of 2016
LN Mbugua, J
December 17, 2024
Between
Broadwell Limited
Plaintiff
and
Daylight Self-Help Group
Defendant
Ruling
1. Before me is the Defendant’s Notice of Motion dated 24. 10. 2024 seeking orders of stay of execution of the judgment delivered on 18. 2.2021 pending the hearing and determination of an intended appeal. The defendants contend that they are aggrieved by this court’s ruling of 17. 10. 2024 in which their application to set aside the aforementioned judgment was dismissed. The averments set out in the application are more or less what the applicants had stated in their application dated 24. 1.2024 (the one which gave rise to the ruling of 17. 10. 2024).
2. The application is opposed vide the Replying Affidavit of Vincent Sakwa, a Co-director of the plaintiff. He contends that the application is similar to the one dated 24. 1.2024 and that no new issues have been raised.
3. I have considered the rival arguments including the submissions filed. As rightly submitted by the respondent, the issues raised by the applicants are similar to what was raised in their application dated 24. 1.2024, save that the applicants now desire to lodge an appeal.
4. In Michael Ntouthi Mitheu v Abraham Kivondo Musau [2021] eKLR the court stated that:“In an application for stay, the court must consider the overriding objective and balance the interest of the parties to the suit since the court is enjoined to place the parties on equal footing. Since the overriding objective aims, inter alia, to facilitate the just, expeditious, proportionate and affordable resolution of the civil disputes governed by the Act, the balancing of the parties’ interest is paramount in an application for stay of execution pending appeal”.
5. Though the applicants have rehashed similar sentiments to those expressed in their application dated 24. 1.2024, I note that this time round, the applicants desire to lodge an appeal. To this end, they have lodged a Notice of Appeal dated 22. 10. 2024 depicting their seriousness to file an appeal. In that regard, the court allows the application in the following terms;i.An order of Stay of Execution of the judgment is hereby granted for a period of 45 days from the date of delivery of this ruling.ii.The applicants are condemned to pay the costs of the application.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17th DAY OF DECEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Maina for PlaintiffJuma for DefendantCourt Assistant: Vena