[2024] KEHC 58 (KLR)
The court found that the appellant had failed to comply with the order requiring deposit of security as a condition for stay of execution pending appeal. No steps were taken by the appellant to comply or to seek review of the order in this specific appeal. Consequently, the court deemed the application for stay of...
Source-derived case information.
- Citation
- [2024] KEHC 58 (KLR)
- Parties
- Appellant: Phineas Gitonga; Respondent: Meru Highlands Dairy Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E117 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal marked as abandoned due to non-compliance with order for deposit of security.
- Judges
- EM Muriithi
- Legal Topics
- Stay of Execution, Security for Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phineas Gitonga
Appellant
Meru Highlands Dairy Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant complied with the order to deposit security as a condition for stay of execution pending appeal.
- 2 Whether the application for stay of execution pending appeal should be deemed abandoned due to non-compliance.
Ratio Decidendi
The court found that the appellant had failed to comply with the order requiring deposit of security as a condition for stay of execution pending appeal. No steps were taken by the appellant to comply or to seek review of the order in this specific appeal. Consequently, the court deemed the application for stay of execution as abandoned, thereby allowing the respondent to proceed with execution of the judgment of the trial court. The costs of the application were ordered to be in the appeal.
Court Disposition
Application for stay of execution pending appeal marked as abandoned due to non-compliance with order for deposit of security.
Orders
- The application for stay of execution pending appeal is marked as abandoned.
- The respondent is at liberty to execute the judgment of the trial court.
Full Case Text
Judgment text and source record
19 paragraphs
Gitonga v Meru Highlands Dairy Limited (Civil Appeal E117 of 2023) [2024] KEHC 58 (KLR) (11 January 2024) (Ruling)
Neutral citation: [2024] KEHC 58 (KLR)
Republic of Kenya
In the High Court at Meru
Civil Appeal E117 of 2023
EM Muriithi, J
January 11, 2024
Between
Phineas Gitonga
Appellant
and
Meru Highlands Dairy Limited
Respondent
Ruling
1. The Court made an order herein on the November 14, 2023 granting the appellants fourteen (14) days to comply with order for deposit of security as ordered by the court (Cherere, J.) on 27/7/2023, and in default of such deposit the respondent to be at liberty to execute the judgement of the trial court.
2. There has been no compliance and no steps taken in this matter other than being brought up together with two related appeals Meru HCCA Nos. E109 and E113 of 2023 in which specific applications for review of the order for the deposit of security were made.
3. The Court considers, and accordingly marks, the application for stay of execution pending appeal herein as abandoned.
4. The Costs of the application shall be in the Appeal.Order accordingly.
DATED AND DELIVERED ON THIS 11TH DAY OF JANUARY, 2024. EDWARD M. MURIITHIJUDGEAppearances:Mr. Nyaga for the applicant.Mr. Kaba for the Respondent