[2024] KEHC 7720 (KLR)
The court found that the appellant had established a prima facie case for the grant of an interim stay of proceedings in the lower court, pending the hearing of the application inter partes. The urgency of the matter and the risk of prejudice to the appellant if proceedings continued in the lower court justified the...
Source-derived case information.
- Citation
- [2024] KEHC 7720 (KLR)
- Parties
- Appellant: Faith Makena; Respondent: Wafula Nalwa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E127 of 2024
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
- Outcome
- Interim stay of proceedings granted; directions issued for service and further filings.
- Judges
- RE Aburili
- Legal Topics
- Stay of Proceedings, Interlocutory Orders, Appeals Process
- 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
Faith Makena
Appellant
Wafula Nalwa
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the appellant has established sufficient grounds for grant of interim stay of proceedings pending appeal.
- 2 Whether the application for stay should be granted ex parte in the circumstances.
Ratio Decidendi
The court found that the appellant had established a prima facie case for the grant of an interim stay of proceedings in the lower court, pending the hearing of the application inter partes. The urgency of the matter and the risk of prejudice to the appellant if proceedings continued in the lower court justified the grant of an ex parte interim order. The court exercised its discretion to stay the proceedings and issued directions for the expeditious exchange of affidavits and submissions by both parties, ensuring that the respondent would have an opportunity to be heard before a final determination is made.
Court Disposition
Interim stay of proceedings granted; directions issued for service and further filings.
Orders
- Prayer (b) of the Notice of Motion dated 25th June 2024 is granted: interim stay of proceedings in Kisumu CMCC No. E230 of 2023.
- Applicant to serve the Respondent with the application and this order forthwith.
Full Case Text
Judgment text and source record
26 paragraphs
Makena v Nalwa (Civil Appeal E127 of 2024) [2024] KEHC 7720 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7720 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E127 of 2024
RE Aburili, J
June 28, 2024
Between
Faith Makena
Appellant
and
Wafula Nalwa
Respondent
(An appeal from the Ruling and order of the Hon. E. A. Obina PM in Kisumu Chief Magistrate’s Court CMCC No. E230 of 2023 delivered on 24th May 2024)
Ruling
1. I have heard the Appellant’s counsel Mr. Gichaba, Exparte on the Certificate of Urgency dated 25th June 2024 which was certified urgent on 27th June 2024.
2. I have perused the prayers sought and the grounds, together with the supporting affidavit and annextures thereto.
3. I am satisfied that the applicant has made out a case for an interim order staying the proceedings in Kisumu CMCC No. E230 of 2023.
4. I grant prayer No. (b) of the Notice of Motion dated 25th June 2024. I direct the Applicant to serve the Respondent with the application and this order, forthwith.
5. I further direct that upon service of the order and application upon the Respondent, he is granted 10 days of date of service to file and serve a Replying affidavit.
6. The Applicant will have 10 days of date of service to file and serve a further affidavit if need be, together with brief written submissions.
7. The Respondent will then have 10 days of date of service to file and serve a Supplementary affidavit together with written submissions.
8. As the court is proceeding on annual leave, mention on 23rd September 2024 to fix a Ruling date.
9. This Ruling/Directions to be typed and uploaded in the CTS forthwith.
10. The lower court to be served with this order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF JUNE, 2024R. E. ABURILIJUDGE