https://new.kenyalaw.org/akn/ke/judgment/scc/2026/39
The court found the matter was not certified urgent, but preserved the status quo by issuing an interim stay of execution pending inter partes hearing and determination of the stay application, while giving strict directions on service, response, and hearing dates.
Source-derived case information.
- Citation
- [2026] SCC 39 (KLR)
- Parties
- Applicant: Hugo Bernardo Baldasano Calleja; Respondent: Victor Gatonye Kariuki
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 1471 of 2025
- Procedural Posture
- Commercial Case / Interim Order on Application for Stay of Execution Pending Appeal
- Outcome
- Application partly allowed by way of interim orders
- Judges
- ["TN Mwangeka"]
- Legal Topics
- Stay of Execution Pending Appeal, Urgency Certification, Inter Partes Directions, Service and Response Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hugo Bernardo Baldasano Calleja
Applicant
Victor Gatonye Kariuki
Respondent
Procedural Posture
Commercial Case / Interim Order on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution pending appeal should be certified urgent
- 2 Whether interim stay orders should issue pending inter partes hearing
- 3 What timelines should govern service, response, and hearing of the application
Ratio Decidendi
The court found the matter was not certified urgent, but preserved the status quo by issuing an interim stay of execution pending inter partes hearing and determination of the stay application, while giving strict directions on service, response, and hearing dates.
Court Disposition
Application partly allowed by way of interim orders
Orders
- The matter was not certified urgent.
- An interim order of stay of execution of the judgment and decree was issued pending inter partes hearing and determination of the application.
Full Case Text
Judgment text and source record
1 paragraphs
Calleja v Kariuki (Commercial Case 1471 of 2025) [2026] SCC 39 (KLR) (10 June 2026) (Order) Neutral citation: [2026] SCC 39 (KLR) Republic of Kenya In the Small Claims Court at Mombasa Commercial Case 1471 of 2025 TN Mwangeka, RM June 10, 2026 Between Hugo Bernardo Baldasano Calleja Applicant and Victor Gatonye Kariuki Respondent Order 1.This Matter coming up on 10th June 2026 for directions on the Notice of Motion dated 28th May 2026 before Honourable Theresa N. Mwangeka Upon Considering the Certificate of Urgency, Notice of Motion Application and Supporting Affidavit of J. K. Gatuguta sworn on even date seeking stay of execution pending Appeal together with all consequential orders;It Is Hereby Ordered: 1.That the matter is not certified urgent. 2.That pending inter parties hearing and determination of this application an Interim Order of Stay of Execution of the Judgment and Decree is hereby issued. 3.That the Applicant to serve the Application together with this order upon the Respondent by 12th June 2026. 4.That a response to the Application be filed and served by the Respondent upon the Applicant by 16th June 2026. 5.That inter-parties hearing of the application to proceed on 17th June 2026. GIVEN UNDER MY HAND AND SEAL OF THE HONOURABLE COURT THIS……10TH ….OF……JUNE…….2026.SIGNED BY/FOR:HON. THERESA N. MWANGEKAMOMBASA SMALL CLAIMS COURTPenal Notice: Take notice that any disobedience or non-observance of the order of the court served herewith will result in penal consequences to you and any other person(s) disobeying and not observing the same.