[2020] KEHC 3311 (KLR)
The court found that the urgency of the impending attachment of the applicant's property justified granting leave to be heard during the recess and issuing an interim stay of attachment. The court exercised its discretion to preserve the status quo and prevent possible injustice to the applicant before the matter...
Source-derived case information.
- Citation
- [2020] KEHC 3311 (KLR)
- Parties
- Applicant: Chemigas Limited; Respondent: Maurice Nyandugu alias Maurice Carlos Ouma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 116 of 2020
- Procedural Posture
- Miscellaneous Application / Interim Application for Stay of Attachment During Court Recess
- Outcome
- Interim stay of attachment granted; matter remitted for interpartes hearing.
- Legal Topics
- Stay of Execution, Interim Orders, Court Recess Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chemigas Limited
Applicant
Maurice Nyandugu alias Maurice Carlos Ouma
Respondent
Procedural Posture
Miscellaneous Application / Interim Application for Stay of Attachment During Court Recess
Legal Issues
- 1 Whether the applicant should be granted leave to be heard during the court recess.
- 2 Whether an interim stay of attachment of the applicant's property should be granted pending interpartes hearing.
Ratio Decidendi
The court found that the urgency of the impending attachment of the applicant's property justified granting leave to be heard during the recess and issuing an interim stay of attachment. The court exercised its discretion to preserve the status quo and prevent possible injustice to the applicant before the matter could be heard interpartes. The orders were made to ensure that the applicant's property would not be attached before both parties had an opportunity to be heard by the Recess Duty Judge at Kisumu High Court.
Court Disposition
Interim stay of attachment granted; matter remitted for interpartes hearing.
Orders
- Leave granted to the applicant to be heard during the recess.
- Application for stay certified as urgent and to be served forthwith for interpartes consideration on 7.9.2020.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
KISUMU HIGH COURT MISCEELLEANOUS CIVIL CASE NO. 116 OF 2020
CHEMIGAS LIMITED...........................................................................RESPONDENT/APPLICANT
VERSUS
MAURICE NYANDUGU alias MAURICE CARLOS OUMA.........APPLICANT/RESPONDENT
RULING
1. I have considered the two applications on record, one seeking leave of Court to be heard during the recess and the other seeking for temporary stay of attachment of the applicant’s property in execution of decree.
2. I grant leave to the applicant to be heard during the recess. I further certify the application of stay as urgent and direct the applicant to serve the Respondent forthwith for interpartes consideration by the Recess Duty Judge at Kisumu High Court on 7. 9.2020.
3. In view of the impending attachment of the proclaimed property, I hereby grant an interim stay of attachment of the applicant’s property proclaimed on 31. 8.2020 by Jokacho Auctioneers until the matter is mentioned interpartes on 7. 9.2020 by the Recess Duty Judge, Kisumu High Court.
4. Matter remitted back to Kisumu High Court for conclusion.
5. Orders accordingly.
Dated, Signed and Sealed at Siaya this 4th day of September, 2020
R.E. ABURILI
RECESS DUTY JUDGE