[2003] KEHC 755 (KLR)
The court acknowledged that, technically, the Notice of Motion for stay of execution should have been dismissed, likely due to procedural deficiencies or failure to meet strict requirements. However, exercising judicial discretion and considering humanitarian grounds, the court allowed the application in terms of...
Source-derived case information.
- Citation
- [2003] KEHC 755 (KLR)
- Parties
- Appellant: Marjorie Marigu Saidi; Respondent: Christine Anyango Okoth
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 7 of 2003
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Stay of Execution Pending Appeal
- Outcome
- Notice of Motion allowed in terms of prayer (ii); stay of execution granted pending appeal; costs in the cause.
- Judges
- JM Khamoni
- Legal Topics
- Stay of Execution, Exparte Judgment, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marjorie Marigu Saidi
Appellant
Christine Anyango Okoth
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the execution of the exparte judgment should be stayed pending the hearing and determination of the appeal.
- 2 Whether humanitarian grounds justify granting a stay despite technical grounds for dismissal.
Ratio Decidendi
The court acknowledged that, technically, the Notice of Motion for stay of execution should have been dismissed, likely due to procedural deficiencies or failure to meet strict requirements. However, exercising judicial discretion and considering humanitarian grounds, the court allowed the application in terms of prayer number (ii), granting a stay of execution of the exparte judgment dated 7th June 2002. The stay is to remain in force pending the hearing and determination of the appeal, which the appellant is urged to pursue diligently to avoid unnecessary delay. Costs of the application are to be in the cause.
Court Disposition
Notice of Motion allowed in terms of prayer (ii); stay of execution granted pending appeal; costs in the cause.
Orders
- Execution of the exparte judgment dated 7th June 2002 is stayed pending the hearing and determination of the appeal.
- Costs of the Notice of Motion to be in the cause.
Full Case Text
Judgment text and source record
9 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 7 OF 2003
MARJORIE MARIGU SAIDI …………………………… APPELLANT VERSUS CHRISTINE ANYANGO OKOTH …………………. RESPONDENT
(An Appeal from the ruling of Senior Principal Magistrate, Mrs Omondi, sitting at Milimani Commercial Courts Nairobi delivered on the 13th day of/December 2002)
R U L I N G
Much has been brought to my attention during the hearing of this Notice of Motion dated 14th February 2003 but pressure of work does not permit me to say as much.
In short therefore, technically I should have dismissed this Notice of Motion. But on humanitarian grounds, I do hereby allow the Notice of Motion in terms of prayer number (ii) so that execution of the exparte judgment dated 7th June 2002 is stayed pending the hearing and determination of this appeal which should keenly be pursued to avoid delay.’ Costs of the notice of Motion to be in the cause.
Order accordingly. Dated this 5th day of June 2003.
J.M. KHAMONI JUDGE