[2017] KEHC 7137 (KLR)
The court found that the applicant had demonstrated that an appeal had been filed and that she would suffer substantial loss if the stay of execution was not granted, as the distribution of the only family properties would render her destitute. The respondent did not challenge these averments, and therefore, the...
Source-derived case information.
- Citation
- [2017] KEHC 7137 (KLR)
- Parties
- Appellant: Habiba Ibrahim; Respondent: Halkano Ibrahim
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 65 of 2016
- Procedural Posture
- Civil Appeal / Stay of Execution Application
- Outcome
- Application for stay of execution allowed.
- Judges
- A Mabeya
- Legal Topics
- Stay of Execution, Substantial Loss, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Habiba Ibrahim
Appellant
Halkano Ibrahim
Respondent
Procedural Posture
Civil Appeal / Stay of Execution Application
Legal Issues
- 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal.
- 2 Whether the applicant will suffer substantial loss if the stay is not granted.
Ratio Decidendi
The court found that the applicant had demonstrated that an appeal had been filed and that she would suffer substantial loss if the stay of execution was not granted, as the distribution of the only family properties would render her destitute. The respondent did not challenge these averments, and therefore, the application for stay of execution was allowed.
Court Disposition
Application for stay of execution allowed.
Orders
- Stay of execution granted as prayed.
- Isiolo Chief Magistrate’s Court to forward its record of the trial to this Court within 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL APPEAL NO. 65 OF 2016
HABIBA IBRAHIM....................................................................APPELLANT
VERSUS
HALKANO IBRAHIM............................................................RESPONDENT
RULING
I have considered the application. I have considered the matters set out in the affidavit in support. This is an application for stay of execution.
All the applicant needs to prove is that an appeal has been filed, that if the Stay is not granted the Applicant will suffer substantial loss.
The Applicant has averred in her Affidavit in Support that the distribution of the five (5) plots which are the only family properties will make her destitute unless a stay is granted.
The Respondent was served with the application on 7/2/2017. He did not file any response. That notwithstanding, he told the Court that he still wished the application to proceed this morning on the ground that he comes from Merti. In this regard, the averments of substantial loss by the Applicant remained unchallenged.
In this regard, the application succeeds. I allow the application as prayed for.
In the meantime, an order is issued to the Isiolo Chief Magistrate’s Court to forward to this Court its record of the trial within 30 days.
Mention on 18/5/2017 for further directions.
A. MABEYA
JUDGE
16/03/2017