[2014] KEHC 7566 (KLR)
The court found that both the present suit and the Kakamega suit concern the same matrimonial property, and that there is a real risk the property could be transferred to defeat the applicant's claim. In the interests of justice and to preserve the subject matter, the court exercised its discretion to grant a stay...
Source-derived case information.
- Citation
- [2014] KEHC 7566 (KLR)
- Parties
- Applicant: D K W; Respondent: H R W S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 47 of 2012
- Procedural Posture
- Stay Application / Ruling on Interlocutory Application for Stay of Proceedings
- Outcome
- Application allowed; stay of proceedings granted pending determination of related suit.
- Judges
- DN Musyoka
- Legal Topics
- Matrimonial Property, Stay of Proceedings, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D K W
Applicant
H R W S
Respondent
Procedural Posture
Stay Application / Ruling on Interlocutory Application for Stay of Proceedings
Legal Issues
- 1 Whether proceedings in this suit should be stayed pending determination of a related suit concerning the same matrimonial property.
- 2 Whether the stay is necessary to prevent the defeat of the applicant's claim by transfer of the property.
Ratio Decidendi
The court found that both the present suit and the Kakamega suit concern the same matrimonial property, and that there is a real risk the property could be transferred to defeat the applicant's claim. In the interests of justice and to preserve the subject matter, the court exercised its discretion to grant a stay of proceedings in the present suit pending the hearing and determination of the Kakamega suit. The court was satisfied that the application had merit and that the applicant was entitled to the relief sought, including costs.
Court Disposition
Application allowed; stay of proceedings granted pending determination of related suit.
Orders
- Proceedings in this suit are stayed pending the hearing and determination of Kakamega HCCC No. 32 of 2012.
- The applicant shall have costs of the application.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. 47 OF 2012
D K W……….….….APPLICANT
VERSUS
H R W S……..RESPONDENT
RULING
1. The Motion dated 22nd February 2013 seeks stay of the proceedings herein pending the hearing and determination of Kakamega HCCC No. 32 of 2012 between H R S W –vs- D K W & 2 others. The instant suit is for division of matrimonial property, while the Kakamega cause seeks cancellation of transfer of matrimonial property which the respondent was apparently disposing of to defeat this suit.
2. There are affidavits sworn by D A and H R S W on record. All these parties concede that both suits touch on matrimonial property. The Kakamega property actually seeks to preserve property that is at the verge of being transferred to defeat this suit.
3. I find merit in the application dated 22nd February 2013. There shall be orders in terms of prayer 2 of the Motion. The applicant shall have costs of the application.
DATED, SIGNED and DELIVERED at NAIROBI this31st DAY OF January, 2014.
W. MUSYOKA
JUDGE