[2024] KEHC 11290 (KLR)
The court found that it cannot, on appeal, handle both the execution of costs from the Magistrate's Court and the High Court appeal in a single application, as this would amount to an abuse of court process. The application improperly combined prayers for stay of execution relating to two different courts, which is...
Source-derived case information.
- Citation
- [2024] KEHC 11290 (KLR)
- Parties
- Appellant: Stephen Miyana Ligosi; Appellant: Joseph Onyango Osembo; Respondent: Caroline Akinyi Oduor
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E039 of 2022
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Application for urgency declined; directions issued for interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Costs on Appeal, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Miyana Ligosi
Appellant
Joseph Onyango Osembo
Appellant
Caroline Akinyi Oduor
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the High Court can grant a stay of execution for costs arising from both the Magistrate's Court and the High Court appeal in a single application.
- 2 Whether the application for stay of execution is urgent and should be certified as such.
Ratio Decidendi
The court found that it cannot, on appeal, handle both the execution of costs from the Magistrate's Court and the High Court appeal in a single application, as this would amount to an abuse of court process. The application improperly combined prayers for stay of execution relating to two different courts, which is procedurally incorrect. Consequently, the court declined to certify the application as urgent and directed that the respondent be served for interpartes directions.
Court Disposition
Application for urgency declined; directions issued for interpartes hearing.
Orders
- Application not certified as urgent.
- Applicant to serve the Respondent with the application for interpartes directions on 16th October 2024.
Full Case Text
Judgment text and source record
23 paragraphs
Ligosi & another v Oduor (Civil Appeal E039 of 2022) [2024] KEHC 11290 (KLR) (25 September 2024) (Directions)
Neutral citation: [2024] KEHC 11290 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E039 of 2022
RE Aburili, J
September 25, 2024
Between
Stephen Miyana Ligosi
1st Applicant
Joseph Onyango Osembo
2nd Applicant
and
Caroline Akinyi Oduor
Respondent
Directions
1. I have perused the Notice of Motion dated 17th September 2024 filed under Certificate of urgency, the grounds, supporting affidavit and annextures.
2. I observe that whereas the applicants in Prayer 2 of the Notice of Motion prays for stay of execution of decree for costs in Bondo PMCC No. 148 of 2019, they have also mixed with the prayer for stay of execution for costs on appeal in Siaya HCCA No. E039 of 2022.
3. The Magistrate’s court cannot execute costs on appeal and neither can the High Court on appeal execute for costs of the Magistrate’s court.
4. This court cannot, on appeal, handle both matters at the same time as that amounts to abuse of court process.
5. I decline to certify the application as urgent. I direct the Applicant to serve the Respondents with the application for interpartes directions on 16th October 2024.
6. These directions to be served upon the Applicant’s counsel forthwith.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE