[2024] KEHC 9174 (KLR)
The court found that since a declaratory suit concerning the same subject matter was already pending before the subordinate court and the applicant had complied with the conditional stay by depositing security, it was prudent to stay further hearing of the motion to avoid parallel proceedings. The status quo was to...
Source-derived case information.
- Citation
- [2024] KEHC 9174 (KLR)
- Parties
- Applicant: Bernard Nganga Kamau; Respondent: Sacha Adeah; Respondent: Joseph Mugwe Maina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E495 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
- Outcome
- Further hearing of the motion stayed; status quo to be maintained pending judgment in the declaratory suit.
- Judges
- JN Mulwa
- Legal Topics
- Stay of Execution, Leave to Appeal Out of Time, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Nganga Kamau
Applicant
Sacha Adeah
Respondent
Joseph Mugwe Maina
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted a stay of execution of the judgment pending appeal.
- 2 Whether the applicant should be granted leave to file an appeal out of time.
- 3 Whether proceedings should be stayed to avoid parallel litigation on the same subject matter.
Ratio Decidendi
The court found that since a declaratory suit concerning the same subject matter was already pending before the subordinate court and the applicant had complied with the conditional stay by depositing security, it was prudent to stay further hearing of the motion to avoid parallel proceedings. The status quo was to be maintained by both parties until the declaratory suit was determined, thereby preventing conflicting outcomes and ensuring judicial efficiency.
Court Disposition
Further hearing of the motion stayed; status quo to be maintained pending judgment in the declaratory suit.
Orders
- Further hearing of the motion dated 5/07/2023 is stayed.
- Status quo by both parties to remain in force to await judgment in the declaratory suit.
Full Case Text
Judgment text and source record
23 paragraphs
Kamau v Adeah & another (Miscellaneous Application E495 of 2023) [2024] KEHC 9174 (KLR) (Civ) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9174 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Application E495 of 2023
JN Mulwa, J
July 15, 2024
Between
Bernard Nganga Kamau
Applicant
and
Sacha Adeah
1st Respondent
Joseph Mugwe Maina
2nd Respondent
Ruling
1. The Applicant by the Motion dated 5/07/2023 sought orders of stay of execution and leave to file appeal out of time premised on provisions of Order 22 Rule 22 and Order 42 Rule 6 of the civil procedure rules and Sections 3 and 3A of the Civil Procedure Act.
2. The trial Court’s judgment against which the applicant seeks the above orders was delivered on 2/08/2022. Reasons for the one-year delay in filing the intended Appeal are stated at the grounds as well as in the Supporting Affidavit sworn on 5/07/2023 by Ms Ketta advocate.In opposition, the Respondent filed a Replying Affidavit sworn on 6/10/2023 by the 1st Respondent.
3. On the hearing of the Application interpartes on 2/11/2023 the Respondent informed the court that he had already filed a declaratory suit at the subordinate court against the Insurance Company Directline Insurance Company being CMCC No. 1298//2023 and that the applicant had indicated to him his willingness to stay execution proceedings to await hearing and determination of the declaratory suit.
4. It is instructive that a conditional stay of execution had been granted to the Applicant upon his depositing a sum of Kshs. 100,000/= into court as security which order the applicant complied with.In the premises, the court on 2/11/2023 directed that status quo by both parties remain in force to await judgment in the declaratory suit.
5. That being the case, further hearing of the motion dated 5/07/2023 is stayed to avoid proceedings being conducted in two different courts over the same subject matter.Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF JULY 2024. JANET MULWAJUDGE