[2015] KEHC 7675 (KLR)
The court found that while it was desirable to hear the respondents before granting a stay of execution, the interests of justice warranted the grant of a conditional stay to preserve the subject matter pending inter partes hearing. The stay was made conditional upon the applicants depositing Kshs. 300,000 as...
Source-derived case information.
- Citation
- [2015] KEHC 7675 (KLR)
- Parties
- Appellant: M'Mucheke M'Mubwika; Appellant: Meshack Murungi; Appellant: Stephen Meeme; Appellant: Julius Kaari Mucheke; Respondent: Janet Kaunanku Kithia; Respondent: Simon Maore
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 36 of 2015
- Procedural Posture
- Civil Appeal / Application for Stay of Execution Pending Hearing of Substantive Application
- Outcome
- Conditional stay of execution granted pending hearing of substantive application, subject to deposit of security.
- Judges
- FM Njoroge
- Legal Topics
- Stay of Execution, Security for Due Performance, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Mucheke M'Mubwika
Appellant
Meshack Murungi
Appellant
Stephen Meeme
Appellant
Julius Kaari Mucheke
Appellant
Janet Kaunanku Kithia
Respondent
Simon Maore
Respondent
Procedural Posture
Civil Appeal / Application for Stay of Execution Pending Hearing of Substantive Application
Legal Issues
- 1 Whether a stay of execution should be granted pending hearing of the substantive application.
- 2 Whether the respondents should be heard before granting a stay of execution.
- 3 What conditions, if any, should be imposed for the grant of stay.
Ratio Decidendi
The court found that while it was desirable to hear the respondents before granting a stay of execution, the interests of justice warranted the grant of a conditional stay to preserve the subject matter pending inter partes hearing. The stay was made conditional upon the applicants depositing Kshs. 300,000 as security within 14 days, failing which the stay would lapse automatically. The court also directed the parties to file and exchange written submissions within specified timelines to ensure expeditious determination of the applications.
Court Disposition
Conditional stay of execution granted pending hearing of substantive application, subject to deposit of security.
Orders
- Applicants to deposit Kshs. 300,000 with court as security within 14 days, failing which the stay lapses automatically.
- Applicants to file and exchange written submissions on both applications within 7 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT COURT
CIVIL APPEAL NO. 36 OF 2015
M'MUCHEKE M'MUBWIKA.................................................................1ST APPELLANT
MESHACK MURUNGI.........................................................................2ND APPELLANT
STEPHEN MEEME...............................................................................3RD APPELLANT
JULIUS KAARI MUCHEKE....................................................................4TH APPELLANT
VERSUS
JANET KAUNANKU KITHIA.................................................................1ST RESPONDENT
SIMON MAORE......................................................................................2ND RESPONDENT
R U L I N G
This ruling relates to an application for stay of execution of a judgment made on 10. 7.2015 by the Hon. J. Wang'ang'a, Resident Magistrate, Maua Law Courts pending the hearing of an application dated 12. 8.2015. This application by way of Notice of Motion is dated 9. 9.2015.
Mr. Leekona holding brief for Harun Gitonga, advocate for the respondents opposed the application. He told the court that Mr. Gitonga was not aware that this oral application would be made today. He said that the parties had come to court yesterday, 15. 9.2015 for interpartes hearing of the application dated 12. 8.2015 but the court was still on vacation. He opined that it would be unfair for the court to grant the sought orders before the respondents were given an opportunity to be heard.
I agree with the sentiments of Mr. Leekona that it would have been desirable to hear the respondents before the sought order for stay is granted. However, after weighing up the interest of justice in this matter, I issue the following orders:
The applicant should deposit a sum of Kshs. 300,000/= with Court as security within 14 days of today failing which the conditional stay issued herein will collapse automatically.
Applicants to file and exchange written submissions regarding both applications, one dated 12. 8.2014 and the other dated 9. 9.2015, within 7 days and the respondents file and exchange their written submissions with respect to the 2 application within 7 days after service of the applicants' written submissions upon them.
Confirmation of filing of written submissions on 7. 10. 2015.
It is so ordered.
Delivered in Open Court at Meru this 16th day of September, 2015 in the presence of:
Cc. Daniel/Lilian
Kirimi Mbogo for Applicants Leekona for the Respondents.
P. M. NJOROGE
JUDGE