[2021] KEHC 7947 (KLR)
The court found that the application for stay was urgent and warranted ex parte consideration in the first instance. To prevent the risk of the respondent disposing of or transferring the disputed land parcel before the interpartes hearing, the court granted an interim order prohibiting any sale, transfer,...
Source-derived case information.
- Citation
- [2021] KEHC 7947 (KLR)
- Parties
- Appellant: Daniel Dishon Anyanzwa Oluchula; Respondent: Jackson Oyiengo Amere
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E002 of 2021
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay Pending Appeal
- Outcome
- Interim stay granted ex parte; matter certified urgent; directions for interpartes hearing issued.
- Judges
- RE Aburili
- Legal Topics
- Interlocutory Injunctions, Stay of Execution, Land Transfer Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Dishon Anyanzwa Oluchula
Appellant
Jackson Oyiengo Amere
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to an interim stay of execution pending interpartes hearing of the summons.
- 2 Whether the urgency of the application justifies ex parte consideration and interim orders.
- 3 Whether the respondent should be prohibited from selling or transferring the disputed land parcel pending hearing.
Ratio Decidendi
The court found that the application for stay was urgent and warranted ex parte consideration in the first instance. To prevent the risk of the respondent disposing of or transferring the disputed land parcel before the interpartes hearing, the court granted an interim order prohibiting any sale, transfer, registration, or subdivision of Land Parcel No. North Gem/Got Regea/276. The preservation of the status quo was necessary to ensure that the appeal would not be rendered nugatory and to allow for a fair hearing of the parties' arguments at the interpartes stage.
Court Disposition
Interim stay granted ex parte; matter certified urgent; directions for interpartes hearing issued.
Orders
- Leave granted to be heard during recess.
- Application certified as urgent and to be heard ex parte in the first instance.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. E002 OF 2021
DANIEL DISHON ANYANZWA OLUCHULA...............APPELLANT
VERSUS
JACKSON OYIENGO AMERE....................................RESPONDENT
RULING
1. I have considered the application dated 31/3/2021 for leave to be heard during the recess. I grant leave to the applicant to be heard during the recess.
2. On the Main motion for stay dated 31/3/2021, I have perused the grounds thereof, supporting affidavit and annextures. I am satisfied that the application is urgent and deserves expeditious consideration exparte in the first instance. I certify the application to be urgent.
3. On the prayers for interim stay sought, I have perused the application and the supporting affidavit and annextures, I direct the applicant to serve the Respondents for interpartes consideration on 7/4/2021.
4. In the meantime, I grant Prayer No. 4 of the Summons prohibiting Jackson Oyiengo Amere who is named as the Respondent in the appeal, from selling and transferring Land Parcel No. North Gem/Got Regea/276 pending interpartes hearing of the summons.
5. Consequently, I direct that there shall be no registration or further transfers or subdivision of Land Parcel No. North Gem/Got Regea pending hearing of these summons interpartes.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 1ST DAY OF APRIL 2021
R.E. ABURILI
JUDGE