[2022] KEHC 15114 (KLR)
The court found that since the application for stay of execution was unopposed, and there was no appearance or response from the respondents despite proper service, there was no reason to deny the applicant's request. The court exercised its discretion to grant a stay of execution in Civil Suit No 366 of 2016...
Source-derived case information.
- Citation
- [2022] KEHC 15114 (KLR)
- Parties
- Appellant: Kassam Hauliers Limited; Respondent: Patrick Ihiga Muguara; Respondent: Jimnah Watoro Obed; Respondent: Mary Wairimu Waiganjo (Suing for and on behalf of Nyeri Future Focus Self Help Group)
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E017 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed.
- Judges
- GMA Dulu
- Legal Topics
- Stay of Execution, Appeals Process, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kassam Hauliers Limited
Appellant
Patrick Ihiga Muguara
Respondent
Jimnah Watoro Obed
Respondent
Mary Wairimu Waiganjo (Suing for and on behalf of Nyeri Future Focus Self Help Group)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted in Civil Suit No 366 of 2016 pending determination of the instant appeal.
Ratio Decidendi
The court found that since the application for stay of execution was unopposed, and there was no appearance or response from the respondents despite proper service, there was no reason to deny the applicant's request. The court exercised its discretion to grant a stay of execution in Civil Suit No 366 of 2016 pending the determination of the instant appeal, noting that the interests of justice required the preservation of the subject matter until the appeal is resolved. Costs of the application were ordered to abide the outcome of the appeal.
Court Disposition
Application for stay of execution allowed.
Orders
- A stay of execution is issued in Civil Suit No 366 of 2016 pending determination of the instant appeal.
- Costs of the application will follow the determination of the appeal.
Full Case Text
Judgment text and source record
27 paragraphs
Kassam Hauliers Limited v Muguara & 2 others (Suing for and on behalf of Nyeri Future Focus Self Help Group) (Civil Appeal E017 of 2022) [2022] KEHC 15114 (KLR) (10 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15114 (KLR)
Republic of Kenya
In the High Court at Makueni
Civil Appeal E017 of 2022
GMA Dulu, J
November 10, 2022
Between
Kassam Hauliers Limited
Appellant
and
Patrick Ihiga Muguara
1st Respondent
Jimnah Watoro Obed
2nd Respondent
Mary Wairimu Waiganjo
3rd Respondent
Suing for and on behalf of Nyeri Future Focus Self Help Group
Ruling
1. Before me is an application by way of Notice of Motion dated March 30, 2022 filed under section 3A of the Civil Procedure Rules and Order 42 Rule 6(6), and 51 Rule 1 of the Civil Procedure Rules with four(4) prayers two of which have been spent as follows:-i.Spentii.Spentiii.That there be a stay of execution in Civil Suit No 366 of 2016 (Patrick Ihiga Muguara, Jimnah Watoro Obed and Mary Wairimu Wanganjo (Suing for and on behalf of Nyeri Future Focus Self Help Group) vs Kassan Hauliers Ltd - Makindu Law Courts) pending hearing and determination of the instant appeal.iv.That costs be provided for.
2. The application has grounds on the face of the Notice of Motion that on March 15, 2027 (should be 2022) the applicant sought stay of execution in Civil Suit No 366 of 2016 at Makindu pending hearing and determination of a declaratory suit no E030 of 2022 at Makindu Law Courts, and that after consultation between advocates, the application was withdrawn on March 25, 2022. That thereafter application dated March 28, 2022 was filed but the trial court refused to certify the application as urgent. Being dissatisfied, the applicant filed the present application.
3. The application was filed with a supporting affidavit sworn on March 30, 2022 by Mohammed Kassim Hussein a Director of the applicant which amplified the grounds of the application.
4. Though the application was served, no response was filed. In addition, though the application came up in court on May 11, 2022 and July 5, 2022 no appearance was recorded nor did anybody attend court on behalf of the respondents.
5. The application thus standing unopposed, I find no reason not to allow the same.
6. Consequently and for the above reasons, I allow the application and order as follows;i.A stay of execution be and is hereby issued in Civil Suit No 366 of 2016 (Patrick Ihiga Muguara, Jimna Watoro Obed and Mary Wairimu Wangajo (Suing for and on behalf of Nyeri Future Focus Self Help Group -Vs- Kassan Hauliers Ltd – Makindu Law Courts) pending determination of the instant appeal.ii.Costs of the application will follow the determination of the appeal.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 10THNOVEMBER, 2022, VIRTUALLY AT MAKUENI........................GEORGE DULUJUDGE