[2024] KEHC 59 (KLR)
The court found that the appellant failed to comply with the order requiring deposit of security for costs within the fourteen-day period granted. No steps were taken to prosecute the application for stay of execution, nor was there any application for review of the security order in this particular appeal. As a...
Source-derived case information.
- Citation
- [2024] KEHC 59 (KLR)
- Parties
- Appellant: Jackson Kaibunga; Respondent: Meru Highlands Dairy Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E114 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal marked as abandoned due to non-compliance with court order.
- Judges
- EM Muriithi
- Legal Topics
- Stay of Execution, Security for Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kaibunga
Appellant
Meru Highlands Dairy Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant complied with the court order to deposit security for costs within the stipulated period.
- 2 Whether the application for stay of execution pending appeal should be deemed abandoned due to non-compliance.
Ratio Decidendi
The court found that the appellant failed to comply with the order requiring deposit of security for costs within the fourteen-day period granted. No steps were taken to prosecute the application for stay of execution, nor was there any application for review of the security order in this particular appeal. As a result, the court deemed the application for stay of execution pending appeal as abandoned. The respondent is therefore at liberty to execute the judgment of the trial court, and the costs of the application will be in the appeal.
Court Disposition
Application for stay of execution pending appeal marked as abandoned due to non-compliance with court order.
Orders
- The application for stay of execution pending appeal is marked as abandoned.
- The respondent is at liberty to execute the judgment of the trial court.
Full Case Text
Judgment text and source record
20 paragraphs
Kaibunga v Meru Highlands Dairy Limited (Civil Appeal E114 of 2023) [2024] KEHC 59 (KLR) (11 January 2024) (Ruling)
Neutral citation: [2024] KEHC 59 (KLR)
Republic of Kenya
In the High Court at Meru
Civil Appeal E114 of 2023
EM Muriithi, J
January 11, 2024
Between
Jackson Kaibunga
Appellant
and
Meru Highlands Dairy Limited
Respondent
Ruling
1. The Court made an order herein on the 14/11/2023 granting the appellants fourteen (14) days to comply with order for deposit of security as ordered by the court (Cherere, J.) on 27/7/2023, and in default of such deposit the respondent to be at liberty to execute the judgement of the trial court.
2. There has been no compliance and no steps taken in this matter other than being brought up together with two related appeals Meru HCCA Nos. E109 and E113 of 2023 in which specific applications for review of the order for the deposit of security were made.
3. The Court considers, and accordingly marks, the application for stay of execution pending appeal herein as abandoned.
4. The Costs of the application shall be in the Appeal.
Order accordingly.
DATED AND DELIVERED ON THIS 11THDAY OF JANUARY, 2024. EDWARD M. MURIITHI..............................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRARAppearances:Mr. Nyaga for the applicant.Mr. Kaba for the Respondent