[2012] KEHC 4532 (KLR)
The court found that, in the absence of participation by the respondent and in order to preserve the status quo pending the hearing of the application inter partes, it was just and equitable to grant a stay of proceedings in the declaratory suit. The court emphasized the need to prevent prejudice to the appellant...
Source-derived case information.
- Citation
- [2012] KEHC 4532 (KLR)
- Parties
- Appellant: Bus Track Ltd; Appellant: Kenya Bus Services Ltd; Respondent: Muthiani Kiilu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 104 of 2009
- Procedural Posture
- Civil Appeal / Application for Stay of Proceedings Pending Appeal
- Outcome
- Stay of proceedings granted pending inter partes hearing of the application.
- Legal Topics
- Stay of Proceedings, Declaratory Suit, Motor Vehicle Accident
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bus Track Ltd
Appellant
Kenya Bus Services Ltd
Appellant
Muthiani Kiilu
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether a stay of proceedings should be granted pending the hearing and determination of the appeal.
- 2 Whether the respondent should be served with the application and court orders.
Ratio Decidendi
The court found that, in the absence of participation by the respondent and in order to preserve the status quo pending the hearing of the application inter partes, it was just and equitable to grant a stay of proceedings in the declaratory suit. The court emphasized the need to prevent prejudice to the appellant and to ensure that the appeal is not rendered nugatory. The court also directed that the respondents be served with the application and the orders of the court to uphold the principles of natural justice and procedural fairness.
Court Disposition
Stay of proceedings granted pending inter partes hearing of the application.
Orders
- There be a stay of proceedings in declaratory suit No. 104/04 PMCC pending hearing and determination of the application inter partes.
- Respondents to be served with the application and court orders.
Full Case Text
Judgment text and source record
58 paragraphs
Editorial Summary
1. Civil Appeal
2. Civil Practice and procedure
3. Subject of subordinate court case
DECLARATORY SUIT
3. 1 Running down cause
3. 2 Motor vehicle accident
3. 3 Suit filed at the PM’s court
Kikuyu 9/2008
seeking orders for original defendant
to settle award.
3. 4 Appeal on the original first suit
filed PMCC 104/04 as CA 104/09.
3. 5 Declaratory suit has hearing to
the appeal 104/09
4. Respondent did not participate.
5. Held:
a) There be a stay of proceedings
pending interparte hearing of
application.
6. Case Law:
7. Advocates:
i) M Mwangi instructed by Mwangi Kengara & Co Advocates for
applicant/respondent
ii) L Kimani instructed by Kimani Michuki & Co Advocates for
2nd respondent/2nd appellant
iii) M/s Miller & Co Advocates for 1st respondent/1st appellant absent
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Civil Appeal 104 of 2009
BUS TRACK LTD
KENYA BUS SERVICES LTD ………..APPELLANT/ORIGINAL DEFENDANTS
VERSUS
MUTHIANI KIILU ……………………….RESPONDENT/ORIGINAL PLAINTIFF
(Being an appeal from the Judgment of Hon. M. W. Muigai (Senior Principal Magistrate) in Case No 104 of 2001 dated 4th May 2007 at Kikuyu Courts)
R U L I N G
Application for stay of proceedings
9th March 2012
I.BACKGROUND
1. A road traffic accident occurred. A suit was filed in the subordinate court at Kikuyu being PMCC 104/04.
2. An award was made against the appellant herein. This appeal file concerns the appeal against that decision being CA 104/09.
3. The respondent in the meantime filed a declaratory suit. This case is still pending.
4. The applicant prays there be stay of execution pending the hearing of the appeal before court.
IIFINDINGS
5. It was noted that the respondent did not participate in this matter. There will nonetheless be status quo/stay of proceedings of the subsequent declaratory suit No. 104/04 PMCC pending the hearing and determination of the application 9th March 2012 interparte.
6. The respondents be served with the application and the orders of this court.
7. There will be costs in the application.
DATED THIS 23RD DAY OF MARCH 2012 AT NAIROBI
M.A. ANG’AWA
JUDGE
Advocates:
i) M Mwangi instructed by Mwangi Kengara & Co Advocates for
applicant/respondent
ii) L Kimani instructed by Kimani Michuki & Co Advocates for
2nd respondent/2nd appellant
iii) M/s Miller & Co Advocates for 1st respondent/1st appellant absent