[2020] KEHC 10058 (KLR)
The court found that the application demonstrated sufficient urgency due to the ongoing execution process and the risk of irreparable loss to the applicants. Although there was no evidence of service on the respondents, the court exercised its discretion to certify the matter as urgent and granted a temporary stay...
Source-derived case information.
- Citation
- [2020] KEHC 10058 (KLR)
- Parties
- Applicant: Joseph Rugwiri Onzere; Applicant: Sakam Enterprises Ltd; Respondent: James Amutala Mayeku; Respondent: Paul Barasa Wamoto T/A Pawaba Auctioneers; Respondent: Alfred M.K. Ominde T/A Kuranya Auctioneers; Respondent: Samson Itonde T/A Dominion Yard Auctioneers
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 41 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Stay of Execution
- Outcome
- Application certified as urgent; temporary stay of attachment and sale granted pending interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Service of Process, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Rugwiri Onzere
Applicant
Sakam Enterprises Ltd
Applicant
James Amutala Mayeku
Respondent
Paul Barasa Wamoto T/A Pawaba Auctioneers
Respondent
Alfred M.K. Ominde T/A Kuranya Auctioneers
Respondent
Samson Itonde T/A Dominion Yard Auctioneers
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Application for Stay of Execution
Legal Issues
- 1 Whether the application should be certified as urgent and heard on a priority basis.
- 2 Whether temporary stay of attachment and sale of the applicant's property should be granted pending interpartes hearing.
- 3 Whether the respondents were properly served with the application.
Ratio Decidendi
The court found that the application demonstrated sufficient urgency due to the ongoing execution process and the risk of irreparable loss to the applicants. Although there was no evidence of service on the respondents, the court exercised its discretion to certify the matter as urgent and granted a temporary stay of attachment and sale of the applicant's property. The court directed that the respondents be served and set the matter for interpartes mention before the duty judge, ensuring that the respondents would have an opportunity to be heard before any further orders are made.
Court Disposition
Application certified as urgent; temporary stay of attachment and sale granted pending interpartes hearing.
Orders
- The application is certified as urgent.
- Applicants to serve the respondents with the application for interpartes mention before the duty judge on 10/9/2020.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUMGOMA
BUNGOMA MISC. CIVIL CASE NO. 41 OF 2020
(CORAM: R. E. ABURILI - J.)
JOSEPH RUGWIRI ONZERE &
SAKAM ENTERPRISES LTD........................................APPELLANT/APPLICANT
VERSUS
JAMES AMUTALA MAYEKU...................................................... 1st RESPONDENT
VERSUS
PAUL BARASA WAMOTO
T/A PAWABA AUCTIONEERS AND...........................................2NDRESPONDENT
ALFRED M.K. OMINDE
T/A KURANYA AUCTIONEERS.................................................3RDRESPONDENT
SAMSON ITONDE
T/A DOMINION YARD AUCTIONEERS..................................4TH RESPONDENT
RULING
1. I have considered the application which was also considered by Hon. Riechi J. of Bungoma High Court on 27/8/2020.
2. I observe that the applicant has not served the Respondents as there is no evidence of such service despite the High Court at Bungoma granting a hearing date which is today. The learned Judge nonetheless, did not direct service of the application upon the Respondents. Neither did he certify the matter as urgent.
3. I have however perused the application and all the supporting documents and I am satisfied that the same is urgent. I certify it as urgent and direct the applicants to serve the Respondents with the application for interpartes mention before the duty Judge on 10/9/2020.
4. In the meantime, as execution process is ongoing, I order for temporary stay of attachment and or sale of the applicant’s property as proclaimed by the Dominion Yard Auctioneers pending interpartes consideration of this matter on 10/9/2020.
5. The matter is therefore placed before Kisumu High Court for consideration interpartes on 10/9/2020.
6. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE