[2023] KEHC 25185 (KLR)

[2023] KEHC 25185 (KLR)

The court granted the interim stay of execution because the respondent did not oppose the application, and it is within the court's discretion to preserve the status quo pending the filing and determination of a substantive application for stay before the Court of Appeal. The court found it just and equitable to...

Source-derived case information.

Citation
[2023] KEHC 25185 (KLR)
Parties
Plaintiff: Chef West Hotel Limited; Plaintiff: Chrispinus Mutsami Muteshi; Defendant: Lynn Mildred Bett
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Civil Case 11 of 2021
Procedural Posture
Civil Case / Ruling on Application for Interim Stay Pending Appeal
Outcome
Application for interim stay allowed.
Judges
DO Ogembo
Legal Topics
Interim Stay, Stay of Execution, Appeals, Judgment Enforcement
Source Language
en
Civil Procedure Interim Stay Stay of Execution Appeals Judgment Enforcement

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Summary, issues, holding and outcome

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Parties

Chef West Hotel Limited

Plaintiff

Chrispinus Mutsami Muteshi

Plaintiff

Lynn Mildred Bett

Defendant

Procedural Posture

Civil Case / Ruling on Application for Interim Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an interim stay of execution of the judgment pending the filing of a substantive application for stay before the Court of Appeal.

Ratio Decidendi

The court granted the interim stay of execution because the respondent did not oppose the application, and it is within the court's discretion to preserve the status quo pending the filing and determination of a substantive application for stay before the Court of Appeal. The court found it just and equitable to issue an interim stay for a limited period of 30 days to allow the applicant to pursue further remedies without risking execution of the judgment and decree.

Court Disposition

Application for interim stay allowed.

Orders

  • Interim order of stay of the judgment dated 19/10/2023 and the decree emanating from it is granted.
  • The interim stay shall remain in force for 30 days from 8 November 2023.