[2025] KEHC 5394 (KLR)

[2025] KEHC 5394 (KLR)

The court found that the respondent was duly served with the application for stay but failed to enter appearance or defend the motion. In the absence of opposition and upon consideration of the return of service, the court exercised its discretion to grant a stay of execution of the judgment decree pending the hearing and determination of the appeal. The court further directed the appellant to take steps to place the appeal for admission and directions within 60 days, and set a mention date for compliance. Costs were ordered to be in the cause.

Citation
[2025] KEHC 5394 (KLR)
Parties
Appellant: Dominic Kipchumba Kirui; Respondent: Marcellar Cherotich
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Family Appeal E018 of 2024
Procedural Posture
Family Appeal / Ruling on Stay Application Pending Appeal
Outcome
Motion for stay of execution allowed.
Judges
SM Mohochi
Legal Topics
Stay of Execution, Appeals Procedure, Service of Process
Source Language
English
Family and Children Civil Procedure Stay of Execution Appeals Procedure Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Dominic Kipchumba Kirui

Appellant

Marcellar Cherotich

Respondent

Procedural Posture

Family Appeal / Ruling on Stay Application Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of execution of the judgment pending appeal.
  2. 2 Whether the respondent was duly served and failed to respond to the motion.

Ratio Decidendi

The court found that the respondent was duly served with the application for stay but failed to enter appearance or defend the motion. In the absence of opposition and upon consideration of the return of service, the court exercised its discretion to grant a stay of execution of the judgment decree pending the hearing and determination of the appeal. The court further directed the appellant to take steps to place the appeal for admission and directions within 60 days, and set a mention date for compliance. Costs were ordered to be in the cause.

Court Disposition

Motion for stay of execution allowed.

Orders

  • An order of stay against execution of judgment decree is hereby issued pending hearing and determination of the appeal.
  • The costs of the suit shall be in the cause.