[2002] KECA 108 (KLR)
The Court dismissed the application for stay of execution at the applicant's request, noting that the respondent had been duly paid and did not object. The Court further ordered that costs of KES 2,000 be paid to the respondent within 10 days, failing which execution may issue. The decision was based on the parties'...
Source-derived case information.
- Citation
- [2002] KECA 108 (KLR)
- Parties
- Applicant: J.A. Amendit/a Amena Amendi J. & Co. Advocates; Respondent: Joshua Ombango Odera
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 48 of 2002
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed with costs to the respondent.
- Legal Topics
- Stay of Execution, Costs Award, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.A. Amendit/a Amena Amendi J. & Co. Advocates
Applicant
Joshua Ombango Odera
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution should be dismissed given that the respondent has been duly paid.
- 2 Whether costs should be awarded to the respondent upon dismissal of the application.
Ratio Decidendi
The Court dismissed the application for stay of execution at the applicant's request, noting that the respondent had been duly paid and did not object. The Court further ordered that costs of KES 2,000 be paid to the respondent within 10 days, failing which execution may issue. The decision was based on the parties' consent and the principle that costs follow the event, especially where the respondent has been satisfied and does not oppose the dismissal.
Court Disposition
Application dismissed with costs to the respondent.
Orders
- The application stands dismissed with costs at KES 2,000 payable within 10 days, failing which execution may issue.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KWACH, LAKHA & OWUOR, JJ.A.
CIVIL APPLICATION NO. NAI. 48 OF 2002 (UR.28/2002)
BETWEEN
J.A. AMENDIT/A AMENA AMENDI J. & CO. ADVOCATES .................APPLICANT
AND
JOSHUA OMBANGO ODERA ..............................................................RESPONDENT
(Application for stay of execution pending an appeal
from the ruling of the High Court of Kenya at Nairobi
(Hon. Mr. Justice Waki) dated 16th January, 2002
in
H.C. O.S. NO. 1496 OF 2001)
************
ORDER OF THE COURT
At the applicant's request and the respondent not objecting having been duly paid. This application stands dismissed with costs at Shs 2,000/- payable within 10 days failing which execution may issue.
Made at Nairobi this 20th day of June, 2002.
R. O. KWACH ................. JUDGE OF APPEAL
A. A. LAKHA ................. JUDGE OF APPEAL
E. OWUOR ................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR