[2023] KEELC 16792 (KLR)
The court found that the application for interim stay of execution had been overtaken by events because the substantive application dated July 18, 2022, which was the basis for seeking the stay, had already been determined and a ruling delivered. As a result, there was no longer any pending matter to justify the...
Source-derived case information.
- Citation
- [2023] KEELC 16792 (KLR)
- Parties
- Plaintiff: Kirobon Farmers Co Ltd; Defendant: Samuel Onchuru Nyarangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 29 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Application for Stay of Execution
- Outcome
- Application dismissed as overtaken by events.
- Judges
- FM Njoroge
- Legal Topics
- Stay of Execution, Interim Orders, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kirobon Farmers Co Ltd
Plaintiff
Samuel Onchuru Nyarangi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the court should grant interim orders of stay of execution of the judgment and decree issued on June 21, 2022 pending the hearing and determination of the application dated July 18, 2022.
- 2 Whether the application for stay has been overtaken by events due to the determination of the substantive application.
Ratio Decidendi
The court found that the application for interim stay of execution had been overtaken by events because the substantive application dated July 18, 2022, which was the basis for seeking the stay, had already been determined and a ruling delivered. As a result, there was no longer any pending matter to justify the grant of interim stay orders. The court therefore dismissed the application as moot and ordered that the costs of the application be borne by the plaintiff.
Court Disposition
Application dismissed as overtaken by events.
Orders
- The application dated 16/1/2023 is dismissed as overtaken by events.
- The costs of the application shall be borne by the plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
Kirobon Farmers Co Ltd v Nyarangi (Environment & Land Case 29 of 2017) [2023] KEELC 16792 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEELC 16792 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 29 of 2017
FM Njoroge, J
April 13, 2023
Between
Kirobon Farmers Co Ltd
Plaintiff
and
Samuel Onchuru Nyarangi
Defendant
Ruling
1. This ruling is in respect of the application dated 16/1/2023 seeking the following orders:a.…Spentb.That the Honourable court be pleased to order interim orders of stay of execution of the judgment and decree issued on June 21, 2022 in Nakuru HC ELC No. 29 of 2017 and all consequential orders therein pending the hearing and determination of the application dated July 18, 2022 fixed for hearing on the February 23, 2023. c.That costs of this application be provided for.
2. This court has noted that the application dated July 18, 2022 which was the subject of the present application has already been determined and that the ruling was delivered today. Consequently, the instant application is hereby overtaken by events.
3. The costs of the application shall be borne by the plaintiff.
DATED, SIGNED AND DELIVERED AT NAKURU VIA ELECTRONIC MAIL ON THIS 13TH DAY OF APRIL 2023. MWANGI NJOROGEJUDGE, ELC, NAKURU.