[2020] KEHC 5232 (KLR)

[2020] KEHC 5232 (KLR)

The court found that the application for release of the security deposited by the respondent was premature because the substantive application for stay of execution, which the security was meant to support, had not yet been heard and determined. The court had previously ordered a stay of execution pending the...

Source-derived case information.

Citation
[2020] KEHC 5232 (KLR)
Parties
Appellant: Elijah Murage; Respondent: Alvina Wambogo Munene (Personal Representative of the Estate of Alfred Munene Salesio)
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Case Number
Civil Appeal 61 of 2018
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Release of Security
Outcome
application dismissed as premature
Judges
LW Gitari
Legal Topics
Stay of Execution, Release of Security, Interlocutory Applications
Source Language
en
Civil Procedure Stay of Execution Release of Security Interlocutory Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elijah Murage

Appellant

Alvina Wambogo Munene (Personal Representative of the Estate of Alfred Munene Salesio)

Respondent

Procedural Posture

Civil Appeal / Ruling on Interlocutory Application for Release of Security

Legal Issues

  1. 1 Whether the application for release of the security deposited by the respondent is premature.
  2. 2 Whether the stay of execution order affects the timing of the release of security.

Ratio Decidendi

The court found that the application for release of the security deposited by the respondent was premature because the substantive application for stay of execution, which the security was meant to support, had not yet been heard and determined. The court had previously ordered a stay of execution pending the hearing and determination of the application dated 19/2/20. Therefore, releasing the security at this stage would undermine the purpose of the stay and the pending application. The court accordingly declined to grant the orders sought in the premature application.

Court Disposition

application dismissed as premature

Orders

  • The application for release of the security deposited by the respondent is declined.