[2015] KEHC 5944 (KLR)
The court found that the applicants had demonstrated that the intended appeal was arguable and not frivolous. Furthermore, the court held that if the stay order was not granted, the appeal could be rendered nugatory, as the subject matter of the dispute might be altered or lost before the appeal is determined. On...
Source-derived case information.
- Citation
- [2015] KEHC 5944 (KLR)
- Parties
- Respondent: Lydia Munyatta M'Aruyaru (the administratrix of the Estate of the late M'Aruyaru M'Ayuki); Respondent: Tigania West District Land Adjudication and Settlement Officer; Respondent: Attorney General; Applicant: Ebuthania Rutere; Applicant: Douglas Mwngithia; Applicant: Raphal Itaru; Applicant: Silvester Kinoti Rutere; Applicant: Joseph Kinoti; Applicant: Mugambi M'Lingera
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 59 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Stay Pending Inter Partes Hearing
- Outcome
- ex-parte stay orders granted pending inter-partes hearing
- Legal Topics
- Land Adjudication, Interlocutory Injunctions, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Munyatta M'Aruyaru (the administratrix of the Estate of the late M'Aruyaru M'Ayuki)
Respondent
Tigania West District Land Adjudication and Settlement Officer
Respondent
Attorney General
Respondent
Ebuthania Rutere
Applicant
Douglas Mwngithia
Applicant
Raphal Itaru
Applicant
Silvester Kinoti Rutere
Applicant
Joseph Kinoti
Applicant
Mugambi M'Lingera
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Stay Pending Inter Partes Hearing
Legal Issues
- 1 Whether the intended appeal is arguable and not frivolous.
- 2 Whether failure to grant the stay order would render the intended appeal nugatory.
Ratio Decidendi
The court found that the applicants had demonstrated that the intended appeal was arguable and not frivolous. Furthermore, the court held that if the stay order was not granted, the appeal could be rendered nugatory, as the subject matter of the dispute might be altered or lost before the appeal is determined. On this basis, the court exercised its discretion to grant the ex-parte stay orders sought, pending the inter-partes hearing of the application.
Court Disposition
ex-parte stay orders granted pending inter-partes hearing
Orders
- The orders sought in the notice of motion are granted ex-parte for 14 days in terms of prayers 2 and 3.
- The matter is to proceed to inter-partes hearing.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MERU E.L.C. NO 59 OF 2010
LYDIA MUNYATTA M'ARUYARU (the administratrix of the
Estate of the late M'ARUYARU M'AYUKI..........EX-PARTE APPLICANT/RESPONDENT
VERSUS
TIGANIA WEST DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER......1st RESPONDENT
ATTORNEY GENERAL........................................................................................................2nd RESPONDENT
AND
EBUTHANIA RUTERE.................................................................. 1st INTENDED APPELLANT/APPLICANT
DOUGLAS MWNGITHIA............................................................. 2nd INTENDED APPELLANT/APPLICANT
RAPHAL ITARU........................................................................... 3rd INTENDED APPELLANT/APPLICANT
SILVESTER KINOTI RUTERE..................................................... 4th INTENDED APPELLANT/APPLICANT
JOSEPH KINOTI...........................................................................5th INTENDED APPELLANT/APPLICANT
MUGAMBI M'LINGERA …...........................................................6th INTENDED APPELLANT/APPLICANT
RULING
Introduction
I have considered the affidavit evidence and counsel's submissions in this matter.
I find that there has been a notice of appeal dated 19th January, 2015. The appeal that is intended discloses an arguable appeal.
Furthermore, if the order sought is not granted the appeal may be rendered nugatory.
I therefore grant the orders sought pending the hearing of this application inter-parties.
The ex-parte order will be in force for 14 days in terms of prayer numbers 2 and 3 of the notice of motion.
RULING DATED, SIGNED and DELIVERED in open court at EMBU this 5th day of MARCH,2015
In the presence Mr. Momanyi holding brief for Mr. Kitheka and Mr Mithega Kariuki for the first Respondent
Court clerk Mr Muriithi
J.M. BWONWONGA
JUDGE