[2000] KECA 338 (KLR)
The Court held that since the respondent had already completed the process of sub-division and obtained a fresh Title Deed, there was nothing left to stay. The application for stay of execution was therefore dismissed as it had been overtaken by events, making the relief sought unavailable and the application moot.
Source-derived case information.
- Citation
- [2000] KECA 338 (KLR)
- Parties
- Applicant: Charles Gichina Mwangi; Respondent: Henry Mukora Mwangi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 282 of 1999
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Intended Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Appeals Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Gichina Mwangi
Applicant
Henry Mukora Mwangi
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Intended Appeal
Legal Issues
- 1 Whether a stay of execution can be granted when the judgment has already been executed and a new Title Deed issued.
Ratio Decidendi
The Court held that since the respondent had already completed the process of sub-division and obtained a fresh Title Deed, there was nothing left to stay. The application for stay of execution was therefore dismissed as it had been overtaken by events, making the relief sought unavailable and the application moot.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: OMOLO, LAKHA & BOSIRE, JJ.A.) CIVIL APPLICATION NO. NAI. 282 OF 1999 (103/99UR) BETWEEN CHARLES GICHINA MWANGI ................................. APPLICANT AND HENRY MUKORA MWANGI .................................... RESPONDENT
(Application for stay of execution in an intended appeal from a Judgment and
Decree of the High Court of Kenya at Nairobi (Lady Justice Owuor) dated
25th June, 1998
in
H.C.C.A. NO. 128 OF 1992)
****************
RULING OF THE COURT
This is an application for a stay of execution of judgment of the superior court given on 25 June 1998 in Civil Appeal No. 128 of 1992. There was no valid or any order for a stay of execution. The respondent completed the process of sub-division and obtained a fresh Title Deed on 30 August, 1999. In the circumstances there is nothing to stay. That being the position, the application for stay must be, as it hereby is, dismissed with costs.
Dated and delivered at Nairobi this 19th day of January, 2000.
R.S.C. OMOLO
.................
JUDGE OF APPEAL
A.A. LAKHA
..................
JUDGE OF APPEAL
S.E.O. BOSIRE
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR