[2025] KEHC 2981 (KLR)

[2025] KEHC 2981 (KLR)

The court found that the applicant had properly served the parties as evidenced by the returns of service. The motion was undefended as the respondents and interested parties failed to file any response or appear. In the absence of opposition and upon satisfaction that service was effected, the court exercised its...

Source-derived case information.

Citation
[2025] KEHC 2981 (KLR)
Parties
Applicant: Esther Kuria; Defendant: Invesco Assurance Co Ltd; Defendant: Kipkoech Kigen
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Civil Case E039 of 2024
Procedural Posture
Civil Case / Ruling on Notice of Motion for Stay of Execution
Outcome
Notice of Motion dated 5th November, 2024 allowed. Stay of execution granted pending hearing and determination of the declaration suit. Costs in the cause.
Judges
SM Mohochi
Legal Topics
Stay of Execution, Interlocutory Orders, Service of Process
Source Language
en
Civil Procedure Stay of Execution Interlocutory Orders Service of Process

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Summary, issues, holding and outcome

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Parties

Esther Kuria

Applicant

Invesco Assurance Co Ltd

Defendant

Kipkoech Kigen

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion for Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to an order of stay of execution of judgment/decree in Nakuru CMCC No. E809 of 2022 pending determination of the declaration suit.
  2. 2 Whether the motion is undefended and the effect thereof on the reliefs sought.

Ratio Decidendi

The court found that the applicant had properly served the parties as evidenced by the returns of service. The motion was undefended as the respondents and interested parties failed to file any response or appear. In the absence of opposition and upon satisfaction that service was effected, the court exercised its discretion to grant a stay of execution of the judgment/decree in Nakuru CMCC No. E809 of 2022 pending the hearing and determination of the declaration suit. The court further directed the applicant to set down the suit for pre-trial directions within 30 days and ordered that costs be in the cause.

Court Disposition

Notice of Motion dated 5th November, 2024 allowed. Stay of execution granted pending hearing and determination of the declaration suit. Costs in the cause.

Orders

  • An order of stay against execution of judgment/decree in Nakuru CMCC No. E809 of 2022 Kipkoech Kigen v Esther Wangare Kuria is hereby issued pending hearing and determination of the declaration suit.
  • The applicant shall set down the suit for pre-trial directions within 30 days.