[2008] KEHC 2321 (KLR)
The court found that the appellant failed to demonstrate sufficient cause for a stay of execution as required under Order 21 rule 22 of the Civil Procedure Code. There was inordinate delay in bringing the application, execution had already taken place, and there was no indication that an application for stay would...
Source-derived case information.
- Citation
- [2008] KEHC 2321 (KLR)
- Parties
- Appellant: Jamlick Muthike Karibui; Respondent: Eunice Wambui Ngondi; Respondent: Jacenta Wanjiku Gikunju
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 62 of 2001
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Stay of Execution, Appeals Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamlick Muthike Karibui
Appellant
Eunice Wambui Ngondi
Respondent
Jacenta Wanjiku Gikunju
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant demonstrated sufficient cause for stay of execution under Order 21 rule 22 of the Civil Procedure Code.
- 2 Whether the trial magistrate erred in dismissing the application for stay of execution.
Ratio Decidendi
The court found that the appellant failed to demonstrate sufficient cause for a stay of execution as required under Order 21 rule 22 of the Civil Procedure Code. There was inordinate delay in bringing the application, execution had already taken place, and there was no indication that an application for stay would be made to the appellate court. The trial magistrate's dismissal of the application was therefore correct, and the appeal lacked merit. The appeal was dismissed with costs to the respondents.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Appeal 62 of 2001
JAMLICK MUTHIKE KARIBUI………………...……………APPELLANT
VERSUS
EUNICE WAMBUI NGONDI…………….……………1ST RESPONDENT
JACENTA WANJIKU GIKUNJU……………………..2ND RESPONDENT
JUDGMENT
The appeal is filed from the Judgment of Kerugoya Misc. Application No. 42 of 2000the Judgment was made on 25/3/2001. The application was brought under Order 21 rule 22 Civil Procedure Code seeking stay of the award pending the hearing of an appeal in Nyeri HCC No. 83/99. The Trial Magistrate found that a stay application. The appeal mention was filed in civil appeal No. 83 of 1999. There was not filed a Judges Certificate that there exists on an issue of law involved to warrant an appeal. The Trial Magistrate did dismiss the application and in my view correctly so. There is a supplementary record filed with leave. There was opposition to the application. There was inordinate delay and there execution had already taken place. The provisions of order 21 rule 22 applies where a decree is sent for execution in another court. The court to which the decree is sent shall, upon sufficient case shown stay of the execution of such decree for a reasonable time to enable the Judgment debtor to apply to the court by which the decree was perused or to a court having appellate jurisdiction for an order to stay execution. In this case no sufficient cause was shown for a stay. And there is no indication that such an application was to be made. The appeal has no merit and the same is hereby dismissed with costs to the Respondents.
Dated this 9th May, 2008.
J. N. KHAMINWA
JUDGE
9/5/2008
Khaminwa – Judge
Njue – Clerk
Mr. Chomba for Respondent
Read in open court.
J. N. KHAMINWA
JUDGE