[2003] KEHC 185 (KLR)

[2003] KEHC 185 (KLR)

The court found that, in the interests of justice, it was appropriate to grant a stay of the notice to show cause to allow the defendants to file their intended application to set aside. The court exercised its discretion to prevent prejudice to the defendants and to ensure that they had an opportunity to be heard....

Source-derived case information.

Citation
[2003] KEHC 185 (KLR)
Parties
Plaintiff: G. J. Monzaria; Plaintiff: M. G. Monzaria; Defendant: Lawson Kamau Mbuggus; Defendant: Hilda Wairimu Ikigu
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
? 166 of 2001
Procedural Posture
Civil Suit / Ruling on Application for Stay of Notice to Show Cause
Outcome
Application for stay of notice to show cause allowed.
Judges
ARM Visram
Legal Topics
Stay of Execution, Notice to Show Cause, Setting Aside Orders
Source Language
en
Civil Procedure Stay of Execution Notice to Show Cause Setting Aside Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

G. J. Monzaria

Plaintiff

M. G. Monzaria

Plaintiff

Lawson Kamau Mbuggus

Defendant

Hilda Wairimu Ikigu

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Stay of Notice to Show Cause

Legal Issues

  1. 1 Whether the notice to show cause should be stayed pending the filing of an application to set aside.
  2. 2 Whether the defendants should be granted leave to file an application to set aside.

Ratio Decidendi

The court found that, in the interests of justice, it was appropriate to grant a stay of the notice to show cause to allow the defendants to file their intended application to set aside. The court exercised its discretion to prevent prejudice to the defendants and to ensure that they had an opportunity to be heard. The court further directed that the application for setting aside be filed within seven days and fixed for hearing within fourteen days of filing, before any judge of the High Court in Nakuru.

Court Disposition

Application for stay of notice to show cause allowed.

Orders

  • Stay of the notice to show cause granted.
  • Defendants to file the intended application for setting aside within seven days from the date of the ruling.