[2023] KEHC 1224 (KLR)
The court found that the application was unopposed as the respondent neither appeared nor filed any response. The applicant demonstrated sufficient cause for the grant of stay of proceedings and leave to appeal, particularly to preserve the subject matter and prevent the implementation of the impugned orders pending...
Source-derived case information.
- Citation
- [2023] KEHC 1224 (KLR)
- Parties
- Applicant: Eric Bobby Maina; Respondent: John Duaf T/A International, Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E806 of 2022
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Unopposed Application for Stay and Leave to Appeal
- Outcome
- Application allowed as unopposed.
- Judges
- DO Chepkwony
- Legal Topics
- Stay of Proceedings, Leave to Appeal, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eric Bobby Maina
Applicant
John Duaf T/A International, Nairobi
Respondent
Procedural Posture
Commercial Miscellaneous Application / Ruling on Unopposed Application for Stay and Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of proceedings in Nrb Misc Application No 41465 of 2022 pending appeal.
- 2 Whether the applicant should be granted leave to appeal against the orders of Hon Cosmas Maundu, CM, dated November 8, 2022.
Ratio Decidendi
The court found that the application was unopposed as the respondent neither appeared nor filed any response. The applicant demonstrated sufficient cause for the grant of stay of proceedings and leave to appeal, particularly to preserve the subject matter and prevent the implementation of the impugned orders pending the intended appeal. The court exercised its discretion in favour of the applicant, finding no reason to deny the orders sought in the absence of opposition or any material to the contrary.
Court Disposition
Application allowed as unopposed.
Orders
- There is a stay of proceedings in Nrb Misc Application No 41465 of 2022, Phillips International Auctioneers v John Duaf T/A Duaf International, Nairobi, including implementation of the orders granted on November 8, 2022 and any subsequent orders therein, pending the hearing and determination of the intended...
- The applicant is granted leave to lodge an appeal against the directive and/or orders by Hon Cosmas Maundu, CM, dated November 8, 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Maina v Duaf t/a International , Nairobi (Commercial Miscellaneous Application E806 of 2022) [2023] KEHC 1224 (KLR) (Commercial and Tax) (14 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1224 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Miscellaneous Application E806 of 2022
DO Chepkwony, J
February 14, 2023
Between
Eric Bobby Maina
Applicant
and
John Duaf T/A International , Nairobi
Respondent
Ruling
1. This matter coming up for mention on February 7, 2023 for parties to confirm compliance of the directions issued on November 24, 2022 in respect of the application dated November 14, 2022.
2. However, counsel for the respondent was not in attendance on the virtual platform and hence the applicant’s counsel applied to find the said application unopposed and allow it in the terms presented.
3. Vide a notice of motion application dated November 14, 2022, the applicant seeks for:-
a)Spent;b)Spent;c)That there be stay of proceedings in Nrb Misc Application No 41465 of 2022,, Phillips International Auctioneers v John Duag T/A Duaf International, Nairobi, and hence implementation of the orders granted on the November 8, 2022 and any subsequent orders therein, pending the hearing and determination of the intended substantive appeal,d.The applicant be and is hereby granted leave to lodge an appeal as against the directive and or orders by Hon Cosmas Maundu, CM (Mr) and dated November 8, 2022. e.Mention on March 16, 2023 to confirm compliance and take further directions.Orders accordingly.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 14TH DAY OF FEBRUARY 2023. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Manguti holding brief for Mr. K’Okul counsel for ApplicantNo appearance for RespondentCourt Assistant - Sakina