[2023] KECA 1350 (KLR)
The Court of Appeal granted the application for stay of execution because the respondents did not oppose the application and expressed their interest in having the intended appeal heard and determined. The court exercised its discretion to preserve the status quo pending the outcome of the appeal, finding no reason...
Source-derived case information.
- Citation
- [2023] KECA 1350 (KLR)
- Parties
- Applicant: Robert Ng’Ang’A Marubu; Applicant: Caroline Murugi; Respondent: Julius Mboya Munyora alias Wamunyora; Respondent: Gichuki Mathenge alias Wamother; Respondent: Samuel Njuguna Mwangi; Respondent: Irungu Mwangi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E259 of 2023
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed.
- Judges
- S ole Kantai, F Tuiyott, PM Gachoka
- Legal Topics
- Stay of Execution, Pending Appeal, Environment and Land Court Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ng’Ang’A Marubu
Applicant
Caroline Murugi
Applicant
Julius Mboya Munyora alias Wamunyora
Respondent
Gichuki Mathenge alias Wamother
Respondent
Samuel Njuguna Mwangi
Respondent
Irungu Mwangi
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending the hearing and determination of the intended appeal.
- 2 Whether the respondents oppose the application for stay of execution.
Ratio Decidendi
The Court of Appeal granted the application for stay of execution because the respondents did not oppose the application and expressed their interest in having the intended appeal heard and determined. The court exercised its discretion to preserve the status quo pending the outcome of the appeal, finding no reason to deny the stay where there was no opposition and the interests of justice required that the appeal process not be rendered nugatory.
Court Disposition
Application for stay of execution allowed.
Orders
- There will be a stay of execution of the Judgment of the Environment and Land Court pending hearing and determination of Civil Appeal No. E901 of 2022.
- Costs of the motion will be in the appeal.
Full Case Text
Judgment text and source record
27 paragraphs
Marubu & another v Munyora alias Wamunyora & 3 others (Civil Application E259 of 2023) [2023] KECA 1350 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KECA 1350 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E259 of 2023
S ole Kantai, F Tuiyott & PM Gachoka, JJA
November 10, 2023
Between
Robert Ng’Ang’A Marubu
1st Applicant
Caroline Murugi
2nd Applicant
and
Julius Mboya Munyora alias Wamunyora
1st Respondent
Gichuki Mathenge alias Wamother
2nd Respondent
Samuel Njuguna Mwangi
3rd Respondent
Irungu Mwangi
4th Respondent
(Being an application for stay of execution pending appeal from the Judgment and Decree of the Environment and Land Court of Kenya at Nairobi (Mbugua, J.) dated 27th October, 2022 in ELC Case No. 988 of 2014 Environment & Land Case 988 of 2014 )
Ruling
1. When the motion dated May 25, 2023 came up for hearing today, learned counsel Miss Wambua appeared for the applicants while learned counsel Mr. Mwangi appeared for the respondents.
2. Counsel for the respondents who had not filed a replying affidavit or written submissions informed us that he was not opposing the application as the respondents’ interest was that the intended appeal be heard and determined.
3. In the premises, we allow the Motion in terms that there will be a stay of execution of the Judgment of the Environment and Land Court pending hearing and determination of Civil Appeal No. E901 of 2022. Costs of the motion will be in the appeal.
DATED AND DELIVERED AT NAIROBI THIS 10TH DAY OF NOVEMBER, 2023. S. OLE KANTAI.................................JUDGE OF APPEALF. TUIYOTT.................................JUDGE OF APPEALM. GACHOKA, CIArb, FCIArb...................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR