[2016] KEHC 436 (KLR)
The court found that while the applicant is entitled to seek a stay of execution pending appeal, she has had sufficient time since the impugned orders were made on 10th June 2014 to file her appeal. Nevertheless, the court exercised its discretion to extend the interim stay orders previously granted on 8th July...
Source-derived case information.
- Citation
- [2016] KEHC 436 (KLR)
- Parties
- Applicant: Wambui ene Taporu; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1827 of 2010
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Interim stay of execution extended until 31st January 2017; thereafter, any further stay to be sought at the Court of Appeal.
- Judges
- DN Musyoka, REA Ougo
- Legal Topics
- Succession Estate Management, Stay of Execution, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wambui ene Taporu
Applicant
__MISSING__
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the orders made on 10th June 2014 pending appeal.
- 2 Whether the interim stay orders should be extended further.
Ratio Decidendi
The court found that while the applicant is entitled to seek a stay of execution pending appeal, she has had sufficient time since the impugned orders were made on 10th June 2014 to file her appeal. Nevertheless, the court exercised its discretion to extend the interim stay orders previously granted on 8th July 2014, but only up to 31st January 2017. After that date, any further stay must be sought from the Court of Appeal. The court thus balanced the applicant's right to appeal with the need for finality and timely prosecution of appeals.
Court Disposition
Interim stay of execution extended until 31st January 2017; thereafter, any further stay to be sought at the Court of Appeal.
Orders
- The stay orders granted on 8th July 2014 are extended until 31st January 2017.
- Beyond 31st January 2017, the applicant must seek stay of execution at the Court of Appeal.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1827 OF 2010
IN THE MATTER OF THE ESTATE OF TAPORU OLE KUSERO (DECEASED)
RULING
1. The application for determination is a Motion dated 23rd June 2014, filed herein on 27th June 2014. It is brought at the instance of Wambui ene Taporu. She seeks stay of execution of orders that had been made on 10th June 2014 pending appeal. She has exhibited evidence that a notice of appeal was filed on 23rd June 2014. There is also copy of memorandum of the grounds of the proposed appeal.
2. The Motion is opposed by the respondents who have filed a replying affidavit.
3. There are interim orders that have subsisted since 8th July 2014.
4. The applicant no doubt is entitled to appeal at the Court of Appeal against orders made by this court. It is just that the orders made by this court are not executed to facilitate the filing of any intended appeal.
5. The orders impugned were made on 10th June 2014. The applicant has had sufficient time since then to file appeal. However, for whatever it is worth is shall extend the stay orders granted on 8th July 2014 till 31st January 2017. Beyond 31st January 2017 the applicant would have to seek stay of execution at the Court of Appeal.
6. It is so ordered.
DATED and SIGNED at NAIROBI this 16TH DAY OF DECEMBER, 2016.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 20TH DAY OF DECEMBER, 2016.
R. OUGO
JUDGE