[2015] KEHC 1813 (KLR)
The court found that since the application for stay of proceedings was not opposed and there was a pending appeal, it was just and proper to grant the stay to preserve the subject matter until the appeal is heard and determined. Additionally, with the establishment of a High Court at Siaya, the court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 1813 (KLR)
- Parties
- Appellant: Kombewa Market Funds Drive Institute; Appellant: Valley Auctioneers; Respondent: Stephen Owiti Owiti; Respondent: Lucas Onyango Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 13 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings allowed; appeal transferred to High Court at Siaya.
- Legal Topics
- Stay of Proceedings, Transfer of Suit, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kombewa Market Funds Drive Institute
Appellant
Valley Auctioneers
Appellant
Stephen Owiti Owiti
Respondent
Lucas Onyango Ochieng
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether a stay of proceedings should be granted pending the hearing and determination of the appeal.
- 2 Whether the appeal should be transferred to the High Court at Siaya for hearing and determination.
Ratio Decidendi
The court found that since the application for stay of proceedings was not opposed and there was a pending appeal, it was just and proper to grant the stay to preserve the subject matter until the appeal is heard and determined. Additionally, with the establishment of a High Court at Siaya, the court exercised its discretion to transfer the appeal to that court for hearing and determination, ensuring convenience and proper administration of justice.
Court Disposition
Application for stay of proceedings allowed; appeal transferred to High Court at Siaya.
Orders
- Stay of proceedings in Bondo PMCC No.6 of 2014 pending hearing and determination of the appeal.
- The entire appeal is transferred to the High Court at Siaya for hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CIVIL APPEAL NO.13 OF 2015
KOMBEWA MARKET FUNDS
DRIVE INSTITUTE ….................................................1ST APPELLANT/APPLICANT
VALLEY AUCTIONEERS..........................................2ND APPELLANT/APPLICANT
VERSUS
STEPHEN OWITI OWITI..............................................................1ST RESPONDENT
LUCAS ONYANGO OCHIENG.....................................................2ND RESPONDENT
R U L I N G
The application dated 2. 4.15 by the applicant prays that the court do grant stay of proceedings in Bondo PMCC No.6 of 2014 pending the hearing and determination of the appeal herein. The application was supported by the sworn affidavit of FRANICS OTIENO OMER sworn on 2. 4.15,
The application is not opposed. There is apparently an appeal pending herein and upon perusal of the same it appears that the respondent owed some money to the appellant.
As the application is not opposed I am inclined to allow the same. Consequently pending the hearing and determination of the appeal herein there be stay of proceedings in Bondo PMCC No.14. Costs to abide the outcome of the appeal.
Meanwhile since there is now a High Court at Siaya I do transfer this entire appeal for purposes of hearing and determination
Dated, signed and delivered this 29th day of October 2015
H. K. CHEMITEI
J U D G E