[2024] KEHC 11474 (KLR)

[2024] KEHC 11474 (KLR)

The court found that the applicant had not adduced evidence of commencement of execution and therefore had not demonstrated urgency. However, in the interests of justice and to preserve the subject matter, a temporary stay of execution for 7 days was granted to allow service of the application and filing of...

Source-derived case information.

Citation
[2024] KEHC 11474 (KLR)
Parties
Applicant: Ena Investment Limited; Respondent: Mary Joseph Oloo Abanja
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Appeal 344 of 2024
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Stay Application
Outcome
Temporary stay of execution granted for 7 days; directions for service and response issued.
Judges
MS Shariff
Legal Topics
Stay of Execution, Urgency of Application
Source Language
en
Civil Procedure Stay of Execution Urgency of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ena Investment Limited

Applicant

Mary Joseph Oloo Abanja

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Stay Application

Legal Issues

  1. 1 Whether the applicant has demonstrated sufficient urgency to warrant a stay of execution of the judgment.
  2. 2 Whether an order for stay of execution should be granted pending further directions.

Ratio Decidendi

The court found that the applicant had not adduced evidence of commencement of execution and therefore had not demonstrated urgency. However, in the interests of justice and to preserve the subject matter, a temporary stay of execution for 7 days was granted to allow service of the application and filing of responses, pending further directions.

Court Disposition

Temporary stay of execution granted for 7 days; directions for service and response issued.

Orders

  • An order of stay of execution of the judgment made on 13.6.2024 in Kisumu SCCC No. E160 of 2024 is granted for 7 days.
  • This application be served within 24 hours and response be filed within 4 days.