[2000] KEHC 281 (KLR)
The court found that although the applicant failed to defend the suit and did not appear at the hearing despite being served, the seriousness of the injuries suffered by the respondent, resulting in total blindness, warranted a conditional stay of execution. The court exercised its discretion to grant a stay of...
Source-derived case information.
- Citation
- [2000] KEHC 281 (KLR)
- Parties
- Plaintiff: Elias Mbabu M’Inoti; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 626 of 1995
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted.
- Legal Topics
- Stay of Execution, Ex Parte Judgment, Police Misconduct, Personal Injury
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Mbabu M’Inoti
Plaintiff
Attorney General
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
- 2 Whether the circumstances of the case justify conditional stay of execution.
Ratio Decidendi
The court found that although the applicant failed to defend the suit and did not appear at the hearing despite being served, the seriousness of the injuries suffered by the respondent, resulting in total blindness, warranted a conditional stay of execution. The court exercised its discretion to grant a stay of execution of the judgment pending appeal, but only on the condition that the applicant immediately releases KES 300,000 to the respondent for urgent medical expenses. This approach balances the applicant's right to appeal with the respondent's immediate need for medical support due to the grave injuries sustained.
Court Disposition
Conditional stay of execution granted.
Orders
- Stay of execution of the judgment delivered on 27th October, 1999 is granted pending appeal, on condition that the applicant releases KES 300,000 to the respondent for immediate medical expenses.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICIVIL CASE NO.626 OF 1995ELIAS MBABU M’INOTI ………………………..….. PLAINTIFFVERSUSATTORNEY GENERAL …………………………… DEFENDANTR U L I N G
This application by way of notice of motion seeks orders that this Honourable Court do grant stay of execution of the Judgment delivered on 27th October, 1999 pending the hearing and final determination of an intended appeal, supported by sworn affidavit of the applicant. The application is opposed. The respondent filed a suit against the applicant and service was effected. No defence was filed. A hearing date was fixed and the applicant was served with the hearing notice, which he acknowledged by stamping at the back, but did not appear during the hearing. The hearing proceeded ex-parte and Judgment was delivered. The applicant now applies for stay of that Judgment pending the hearing and determination of the intended appeal.
According to evidence on record the respondent was assaulted by the police officers who were drinking next to him in a bar after he had knocked their beer down while he was passing. The said police officers are said to have been drinking in a bar. It is not clear from the record whether they were on duty or on their private mission. They never gave evidence nor were their identifications revealed. But because the applicant had sustained serious injuries which resulted in total blindness I grants stay of execution on condition that the applicants released Shs.300,000/= to the respondent for his immediate use for medical expense.
Order accordingly.Dated and Delivered at Nairobi this 23rd day of February, 2000 J.L.A. OSIEMO JUDGE