[1998] KEHC 197 (KLR)
The court found that the reasons provided by the defendant's counsel for non-attendance at the hearing on 15th May, 1998 were plausible. Exercising its discretion under the Civil Procedure Rules, the court granted the stay of execution and allowed the application to be set down for hearing on merit. The court also...
Source-derived case information.
- Citation
- [1998] KEHC 197 (KLR)
- Parties
- Plaintiff: Consumer Hire Purchase Ltd; Defendant: Elizabeth Waithira Kamuyu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 4340 of 1994
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution
- Outcome
- application for stay of execution granted; matter to be set down for hearing on merit; costs to defendant's counsel.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Stay of Execution, Non Attendance, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Consumer Hire Purchase Ltd
Plaintiff
Elizabeth Waithira Kamuyu
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the defendant has provided sufficient reasons for non-attendance at the hearing on 15th May, 1998.
- 2 Whether a stay of execution of the order made on 15th May, 1998 should be granted.
Ratio Decidendi
The court found that the reasons provided by the defendant's counsel for non-attendance at the hearing on 15th May, 1998 were plausible. Exercising its discretion under the Civil Procedure Rules, the court granted the stay of execution and allowed the application to be set down for hearing on merit. The court also ordered the defendant's counsel to pay the costs of the application, emphasizing the importance of accountability for non-attendance while ensuring that justice is served by allowing the matter to be heard on its merits.
Court Disposition
application for stay of execution granted; matter to be set down for hearing on merit; costs to defendant's counsel.
Orders
- Stay of execution of the order made on 15th May, 1998 is granted.
- The application shall be set down for hearing on merit.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 4340 OF 1994
CONSUMER HIRE PURCHASE LTD......................................PLAINTIFF VERSUS ELIZABETH WAITHIRA KAMUYU...............................................................................DEFENDANT
RULING
This is the defendant’s application for a stay of execution of the order made herein on 15th May, 1998. When that order was made the learned counsel for the defendant did not appear. I have now read the affidavit of the learned counsel for the defendant and believe that the reasons given for non attendance are plausible.
Accordingly I grant the orders sought in the Chamber Summons dated 7th July, 1998. The application shall not be set down for hearing on merit and the counsel for the defendant shall pay the costs of this application. Orders accordingly.
Dated and delivered at Nairobi this 31st day of July, 1998
A. MBOGHOLI MSAGHA
JUDGE
Morara for plaintiff/respondent
Tiffo for Abnodha for defendant/applicant