[2012] KEHC 4514 (KLR)
The court found that the application for stay of execution lacked adequate information to enable a reasoned determination. Consequently, the judge ordered that a further affidavit be filed and/or the subordinate court file be called up to provide the necessary material for consideration. The matter was set for...
Source-derived case information.
- Citation
- [2012] KEHC 4514 (KLR)
- Parties
- Appellant: James Ngugi Mwangi; Respondent: Peter Ngochi Ndwiga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 118 of 2012
- Procedural Posture
- Civil Appeal / Application for Stay of Execution Pending Appeal
- Outcome
- Further affidavit to be filed; matter set for mention.
- Legal Topics
- Stay of Execution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ngugi Mwangi
Appellant
Peter Ngochi Ndwiga
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution of the judgment delivered on 28th September 2011 in CMCC 1316/06 pending appeal.
Ratio Decidendi
The court found that the application for stay of execution lacked adequate information to enable a reasoned determination. Consequently, the judge ordered that a further affidavit be filed and/or the subordinate court file be called up to provide the necessary material for consideration. The matter was set for mention to allow compliance with these directions.
Court Disposition
Further affidavit to be filed; matter set for mention.
Orders
- A further affidavit be filed and/or the subordinate court file be called up.
- The matter be mentioned on 26th March 2012 at 10:00 a.m.
Full Case Text
Judgment text and source record
41 paragraphs
Editorial Summary
1. Civil Appeal
2. Civil Practice & Procedure
3. Subject of Subordinate case:
3. 1 Not disclosed.
4. Application for stay of execution
16th March 2012
5. Held:
i) Court notes information on file
too brief to know content of application.
ii) Further affidavit be filed.
6. Case Law:
7. Advocates:
i) J L Kariuki holding brief for R.M. Mutiso instructed by
M/s R M Mutiso & Co Advocates for appellant/ original defendant.
ii) M/s Mwaura Kamau & Co Advocates for respondent/original plaintiff - absent
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Civil Appeal 118 of 2012
JAMES NGUGI MWANGI …………………….… APPELLANT/ORIGINAL DEFENDANT
VERSUS
PETER NGOCHI NDWIGA…….………….………. RESPONDENT/ ORIGINAL PLAINTIFF
(Being an appeal arising from the Ruling of Hon. S. Okato (Senior Principal Magistrate) in Case No. 13161 of 2006 dated 20th February 2012 at Nairobi)
R U L I N G NO. 1
Application for Stay of Execution
16th March 2012
I.CERTIFICATE OF URGENCY
1. The matter before me is for certificate of urgency seeking orders for stay of execution of the judgment delivered on 28th September 2011 in CMCC 1316/06.
2. I have perused this application and find that there is little or no information upon which a ruling can be written as to whether a stay of execution can be issued or not.
3. I hereby order that a further affidavit be filed and or the subordinate court file be called up.
4. This matter be mentioned on 26th March 2012 at 10. 00 a.m.
DATED THIS 26TH DAY OF MARCH 2012 AT NAIROBI
M.A. ANG’AWA
JUDGE
Advocates
i) J L Kariuki holding brief for R.M. Mutiso instructed by
M/s R M Mutiso & Co Advocates for appellant/ original defendant.
ii) M/s Mwaura Kamau & Co Advocates for respondent/
Original plaintiff - absent