[2023] KEHC 18145 (KLR)
The court found that the application for stay of execution was merited based on the supporting affidavit and the urgency of the matter. The court exercised its discretion to stay the execution of the trial court's orders releasing the motor vehicles to the respondents, pending further directions. The court also made...
Source-derived case information.
- Citation
- [2023] KEHC 18145 (KLR)
- Parties
- Applicant: Kenya Revenue Authority; Respondent: Tasty Choice Limited; Respondent: Ernest Shauri Maro
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E204 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Interlocutory Application for Stay
- Outcome
- Application for stay of execution allowed; interlocutory orders granted.
- Judges
- DR Kavedza
- Legal Topics
- Stay of Execution, Release of Property, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Revenue Authority
Applicant
Tasty Choice Limited
Respondent
Ernest Shauri Maro
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Interlocutory Application for Stay
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the trial court's orders releasing motor vehicles to the respondents.
- 2 Whether the application should be certified as urgent.
Ratio Decidendi
The court found that the application for stay of execution was merited based on the supporting affidavit and the urgency of the matter. The court exercised its discretion to stay the execution of the trial court's orders releasing the motor vehicles to the respondents, pending further directions. The court also made ancillary orders for service, response, and mention for further directions, ensuring that the parties would have an opportunity to be heard on the substantive issues.
Court Disposition
Application for stay of execution allowed; interlocutory orders granted.
Orders
- The application is certified as urgent.
- An order of stay is issued staying execution of the trial court's orders dated April 27, 2023, directing release of motor vehicles registration No KCJ 404N and trailer ZF 7003.
Full Case Text
Judgment text and source record
19 paragraphs
Kenya Revenue Authority v Tasty Choice Limited & another (Miscellaneous Criminal Application E204 of 2023) [2023] KEHC 18145 (KLR) (Crim) (2 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18145 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E204 of 2023
DR Kavedza, J
June 2, 2023
Between
Kenya Revenue Authority
Applicant
and
Tasty Choice Limited
1st Respondent
Ernest Shauri Maro
2nd Respondent
Ruling
I have gone through the notice of motion application dated May 24, 2023 filed under certificate and the supporting affidavit of Moses Wachira of even date. I am satisfied that the application is merited and issue the following orders: -1. That the application is certified as urgent.2. That prayer two (2) of the application is allowed in that an order of stay is hereby issued staying execution of the orders of the trial court dated April 27, 2023 directing release of motor vehicles registration No KCJ 404N and attached trailer registration No ZF 7003. 3.That the lower court file be availed with the certified copy of the proceedings within thirty (30) days.4. That the applicant to serve the respondents with the application and the order of this court within seven (7) days from the date hereof.5. That the respondent to file a response within seven (7) days of service.6. That the matter be mentioned on July 5, 2023 for further directions.
RULING DELIVERED AND DATED THIS 2ND DAY OF JUNE 2023In the absence of parties.........................D. KAVEDZA