[2015] KEHC 4637 (KLR)
The court found that the respondent failed to provide evidence of compliance with the court's orders regarding the deposit and release of the decretal sum. The absence of proof of payment or compliance, coupled with the lack of steps taken to prosecute the appeal, justified the vacation of the stay of execution...
Source-derived case information.
- Citation
- [2015] KEHC 4637 (KLR)
- Parties
- Appellant: Kenya Power & Lightning Company; Respondent: Stephen Wambua Munyasya
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 16 of 2009
- Procedural Posture
- Civil Appeal / Ruling on Application to Vacate Stay of Execution
- Outcome
- Application allowed; stay of execution vacated.
- Judges
- BT Jaden
- Legal Topics
- Stay of Execution, Compliance With Court Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power & Lightning Company
Appellant
Stephen Wambua Munyasya
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Vacate Stay of Execution
Legal Issues
- 1 Whether the respondent complied with the court orders regarding deposit and release of decretal sums.
- 2 Whether the stay of execution should be vacated due to non-compliance and failure to prosecute the appeal.
Ratio Decidendi
The court found that the respondent failed to provide evidence of compliance with the court's orders regarding the deposit and release of the decretal sum. The absence of proof of payment or compliance, coupled with the lack of steps taken to prosecute the appeal, justified the vacation of the stay of execution previously granted. The court emphasized that compliance with its orders is mandatory for a party to continue enjoying the benefit of a stay, and non-compliance undermines the integrity of the judicial process. Accordingly, the application to vacate the stay was allowed.
Court Disposition
Application allowed; stay of execution vacated.
Orders
- The order of stay of execution granted on 29th October, 2009 is hereby vacated.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL APPEAL NO. 16 OF 2009
(Being an appeal from the judgment in Civil Case No. 564 of 2007 of the Chief Magistrate’s Court at Machakos – Hon. F. Muchemi, C.M. on 13/8/2008)
KENYA POWER & LIGHTNING COMPANY………………………...APPELLANT
VERSUS
STEPHEN WAMBUA MUNYASYA…………………………..………RESPONDENT
RULING
1. The application dated 30th April, 2010 seeks orders that the order of stay of execution granted on 29th October, 2009 vide a ruling dated 29th October 2009 be vacated.
2. The application is supported by the affidavit of the Applicant, Stephen Wambua Munyasya sworn on 30th April, 2010.
3. In the ruling dated 29th October, 2009 the court made the following orders –
i. that let there be stay of execution pending hearing of the Appeal herein on condition that the Kshs. 500,000/= deposited in court should be released to the Respondent forthwith.
ii. that the balance of the decretal sum should be deposited in an interest earning account in the names of the advocates for the parties pending hearing and determination of the appeal.
iii. that Costs shall abide the Appeal.
4. The Applicant’s complaint is that the Respondent has not complied with the said court orders nor taken any steps to prosecute the appeal herein.
5. The application is opposed. According to the replying affidavit sworn by counsel for the Respondent, the amount in question was deposited in the SPM Machakos Account No. 1106441206 KCB Machakos over two years ago. However, no evidence of the said payment has been exhibited in court. The date of the said deposit has not been given. There is therefore no evidence that the court orders were complied with.
6. Consequently, I allow the application as prayed.
………………………………………
B. THURANIRA JADEN
Dated and delivered at Machakos this 28th day of April, 2015
………………………………………
B. THURANIRA JADEN
JUDGE