[2023] KEHC 457 (KLR)
The court held that since the parties had concluded and filed a consent to withdraw the application for stay of execution, and requested the court to adopt the consent as an order, the pending ruling was arrested. The court adopted the consent as an order, marking the application withdrawn with no order as to costs,...
Source-derived case information.
- Citation
- [2023] KEHC 457 (KLR)
- Parties
- Appellant: Laare Kamukunji Stores; Respondent: Stephen Kaberia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E003 of 2023
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application for Stay of Execution; Application Withdrawn by Consent
- Outcome
- Application withdrawn by consent; consent adopted as order of the court; 14-day stay of execution granted; no order as to costs; file closed.
- Judges
- EM Muriithi
- Legal Topics
- Stay of Execution, Withdrawal of Application, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laare Kamukunji Stores
Appellant
Stephen Kaberia
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application for Stay of Execution; Application Withdrawn by Consent
Legal Issues
- 1 Whether the application for stay of execution should be determined or withdrawn by consent of the parties.
- 2 Whether the court should adopt the parties' consent as an order of the court.
Ratio Decidendi
The court held that since the parties had concluded and filed a consent to withdraw the application for stay of execution, and requested the court to adopt the consent as an order, the pending ruling was arrested. The court adopted the consent as an order, marking the application withdrawn with no order as to costs, and granted a 14-day stay of execution of the lower court judgment. The matter was thus resolved by consent, and the file was closed.
Court Disposition
Application withdrawn by consent; consent adopted as order of the court; 14-day stay of execution granted; no order as to costs; file closed.
Orders
- The application dated January 9, 2023 is marked withdrawn.
- Each party to bear their own costs in respect to the application.
Full Case Text
Judgment text and source record
20 paragraphs
Laare Kamukunji Stores v Kaberia (Miscellaneous Civil Case E003 of 2023) [2023] KEHC 457 (KLR) (30 January 2023) (Ruling)
Neutral citation: [2023] KEHC 457 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Civil Case E003 of 2023
EM Muriithi, J
January 30, 2023
Between
Laare Kamukunji Stores
Appellant
and
Stephen Kaberia
Respondent
Ruling
1. Before the delivery of the ruling of the court on stay of execution herein on record set out , the parties have concluded and filed a consent dated January 27, 2023 and the parties have requested the court to record the consent as an order of the court.
2. The ruling of the court is, therefore, arrested by the act of the parties upon the terms of the consent set out herebelow:a.The application be and is hereby withdrawn.b.That each party to bear their own costs in respect to the application herein.c.That there be 14 days stay of execution of the lower court judgment.
Order 3. Consequently, the consent of the parties herein set out is adopted as an order of the court, and the application dated January 9, 2023 is marked withdrawn with no order as to costs, and there shall be stay of execution of the judgment of the trial court for 14 days.
4. The court file is closed.
Order accordingly.
DATED AND DELIVERED ON THIS 30TH DAY OF JANUARY, 2023. EDWARD M MURIITHIJUDGEAppearancesM/S Kiruki & Kayika Advocates for the appellant/applicantM/S Nkunja & Co. Advocates for the respondent.