[2025] KEHC 910 (KLR)
The court found that the applicant failed to comply with its express directions to serve the application upon the respondent and to file written submissions. Compliance with procedural requirements is mandatory for the exercise of the court's discretion in granting a stay of execution. The absence of proof of...
Source-derived case information.
- Citation
- [2025] KEHC 910 (KLR)
- Parties
- Appellant: Paul Maina Kanyari; Appellant: 2NK Cooperative Savings Credit Society Ltd a.k.a 2NK Sacco; Respondent: Vivian Jebet
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 27 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- application for stay of execution dismissed for non-compliance with court directions
- Judges
- SM Mohochi
- Legal Topics
- Stay of Execution, Appeal Procedure, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Maina Kanyari
Appellant
2NK Cooperative Savings Credit Society Ltd a.k.a 2NK Sacco
Appellant
Vivian Jebet
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution pending appeal.
- 2 Whether failure to serve the application and file submissions is fatal to the application.
Ratio Decidendi
The court found that the applicant failed to comply with its express directions to serve the application upon the respondent and to file written submissions. Compliance with procedural requirements is mandatory for the exercise of the court's discretion in granting a stay of execution. The absence of proof of service and submissions left the court with no basis to consider the merits of the application. Consequently, the application for stay of execution was dismissed for want of prosecution and non-compliance with court orders. The court directed the applicant to cause the substantive appeal to be mentioned for admission and directions within 60 days.
Court Disposition
application for stay of execution dismissed for non-compliance with court directions
Orders
- The application dated 26th August, 2024 is dismissed.
- The applicant/appellant shall cause the substantive appeal to be mentioned for admission and directions within 60 days from the date hereof.
Full Case Text
Judgment text and source record
22 paragraphs
Kanyari & another v Jebet (Civil Appeal 27 of 2024) [2025] KEHC 910 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 910 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Appeal 27 of 2024
SM Mohochi, J
January 30, 2025
Between
Paul Maina Kanyari
1st Appellant
2NK Cooperative Savings Credit Society Ltd a.k.a 2NK Sacco
2nd Appellant
and
Vivian Jebet
Respondent
Ruling
1. The Court recalls its directions as made on the 30th August 2024 as follows:i.The Applicant was to serve the Application upon the Respondent and file a return of service.ii.The Applicant was to file and serve written submissions by the 5th September, 2024.
2. The Applicant has neither demonstrated service upon the Respondent or filed any written submissions.
3. Being as it may, the Applicant was beseeching the Court to exercise discretion and grant a stay against execution of judgment decree.
4. This Court is under the circumstances constrained to dismiss the application dated 26th August, 2024.
5. The Applicant/Appellant shall cause the substantive appeal to be mentioned for admission and directions within the next 60 days from the date hereof.
RULING DATED, SIGNED AND DELIVERED ON THIS 30THDAY OF JANUARY 2025__________________________________________MOHOCHI S.MJUDGEIn the Presence of:Schola – Court AssistantM/s Chemutai holding brief for Cherotich for ApplicantRespondents - absent