[2021] KEHC 5557 (KLR)
The court found that the respondent's counsel had been served with the relevant orders and mention notice, as evidenced by the affidavit of service. In the absence of appearance by the respondent, and to prevent prejudice or rendering the appeal nugatory, the court exercised its discretion to extend the interim stay...
Source-derived case information.
- Citation
- [2021] KEHC 5557 (KLR)
- Parties
- Appellant: Guardian Coach Limited; Respondent: Robert Marwa Mwita
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E009 of 2021
- Procedural Posture
- Civil Appeal / Interlocutory Directions on Stay Application Pending Appeal
- Outcome
- Interim stay of proceedings in Bondo PMCC No. 46 of 2019 extended; hearing directions issued.
- Judges
- RE Aburili
- Legal Topics
- Stay of Proceedings, Interlocutory Orders, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guardian Coach Limited
Appellant
Robert Marwa Mwita
Respondent
Procedural Posture
Civil Appeal / Interlocutory Directions on Stay Application Pending Appeal
Legal Issues
- 1 Whether interim orders staying proceedings in Bondo PMCC No. 46 of 2019 should be extended pending hearing of the application.
- 2 Whether the respondent was properly served with the relevant court orders and mention notice.
Ratio Decidendi
The court found that the respondent's counsel had been served with the relevant orders and mention notice, as evidenced by the affidavit of service. In the absence of appearance by the respondent, and to prevent prejudice or rendering the appeal nugatory, the court exercised its discretion to extend the interim stay of proceedings in Bondo PMCC No. 46 of 2019, including the scheduled delivery of judgment, until the next hearing date. The extension ensures that the application for stay is heard on merit and that the respondent is accorded an opportunity to respond, while preserving the status quo.
Court Disposition
Interim stay of proceedings in Bondo PMCC No. 46 of 2019 extended; hearing directions issued.
Orders
- The interim orders issued on 18/5/2021 are extended until 20/7/2021.
- All proceedings in Bondo PMCC No. 46 of 2019, including delivery of judgment, are stayed until 20/7/2021.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. E009 OF 2021
CORAM: R. E. ABURILI - J.
GUARDIAN COACH LIMITED.........................APPELLANT
VERSUS
ROBERT MARWA MWITA.............................RESPONDENT
(Appeal from the Ruling and Order of Hon. S. Mathenge, Resident Magistrate at Bondo in Bondo PMCC No. 46/2019 on 21/4/2021)
DIRECTIONS
1. The affidavit of service by Judith Adhiambo filed on 5/7/2021 shows that the Respondent’s counsel were served with orders issued in Kisumu High Court by Hon. Ochieng J on 18/5/2021 and Mention Notice for today but there is no appearance.
2. Hearing of the application dated 13/5/2021 shall be by way of oral submissions on 20/7/2021.
3. The Applicant to serve the Respondent’s counsel with Notice forthwith. The Interim orders issued by F. Ochieng J in Kisumu High Court on 18/5/2021 are hereby extended until then to the extent that there is hereby stayed all proceedings in Bondo PMCC No. 46 of 2019 including the scheduled delivery of judgment which is hereby stayed until 20/7/2021.
4. Orders herein to be served upon the Respondent’s counsel and the subordinate court forthwith.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 6TH DAY OF JULY, 2021.
R.E. ABURILI
JUDGE