[2007] KEHC 1045 (KLR)

[2007] KEHC 1045 (KLR)

The court found that granting a stay of execution was appropriate in the circumstances to avoid unnecessary costs and expenses that could arise if execution proceeded before the determination of the revocation of grant application. The court considered the affidavits and submissions of both parties and concluded...

Source-derived case information.

Citation
[2007] KEHC 1045 (KLR)
Parties
Applicant: Francis Gakuru Wangochi; Respondent: Mary Wanjiku Kimindu; Respondent: John Mutonyi Kimindu
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Children Miscellaneous Application 155 of 2006
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution Pending Hearing and Determination of Revocation of Grant
Outcome
application for stay of execution granted
Legal Topics
Stay of Execution, Revocation of Grant, Succession Proceedings
Source Language
en
Civil Procedure Family and Children Stay of Execution Revocation of Grant Succession Proceedings

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Summary, issues, holding and outcome

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Parties

Francis Gakuru Wangochi

Applicant

Mary Wanjiku Kimindu

Respondent

John Mutonyi Kimindu

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Stay of Execution Pending Hearing and Determination of Revocation of Grant

Legal Issues

  1. 1 Whether a stay of execution should be granted pending the hearing and determination of the application for revocation of grant in Succession Case No. 21 of 1998.

Ratio Decidendi

The court found that granting a stay of execution was appropriate in the circumstances to avoid unnecessary costs and expenses that could arise if execution proceeded before the determination of the revocation of grant application. The court considered the affidavits and submissions of both parties and concluded that the balance of convenience favored the applicant. The stay was granted on condition that the applicant provides security by way of undertaking for damages, costs, and other expenses that may be suffered by any party as a result of the order. Costs of the application were ordered to be in the cause.

Court Disposition

application for stay of execution granted

Orders

  • Stay of execution granted pending hearing and determination of the revocation of grant in Succession Case No. 21 of 1998.
  • Applicant to provide security by way of undertaking for damages, costs, and other expenses that may be suffered by any party as a result of this order.