[2021] KECA 152 (KLR)
The Court of Appeal exercised its discretion to grant the respondent 14 days to file and serve written submissions and a replying affidavit, finding the request reasonable due to late service of the hearing notice. To prevent prejudice to the applicants, the court also granted an interim stay of the eviction...
Source-derived case information.
- Citation
- [2021] KECA 152 (KLR)
- Parties
- Applicant: Julius Mworia M’Njogu; Applicant: M’Marete M’Witari; Applicant: Paul Muriira M’Njogu; Applicant: Julius Mwiti; Applicant: John Muthomi; Applicant: Daniel Mutua Mugwika; Applicant: Kijuki Kaiga; Applicant: Karemu M’Ituamikwa; Respondent: Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased)
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E061 of 2021
- Procedural Posture
- Stay Application / Interlocutory Application for Stay of Execution Pending Hearing
- Outcome
- Application for adjournment and interim stay granted.
- Judges
- J Mohammed, DK Musinga, HM Okwengu
- Legal Topics
- Stay of Execution, Eviction Proceedings, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mworia M’Njogu
Applicant
M’Marete M’Witari
Applicant
Paul Muriira M’Njogu
Applicant
Julius Mwiti
Applicant
John Muthomi
Applicant
Daniel Mutua Mugwika
Applicant
Kijuki Kaiga
Applicant
Karemu M’Ituamikwa
Applicant
Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased)
Respondent
Procedural Posture
Stay Application / Interlocutory Application for Stay of Execution Pending Hearing
Legal Issues
- 1 Whether the respondent should be granted time to file written submissions and a replying affidavit.
- 2 Whether interim stay of eviction proceedings should be granted pending hearing of the application.
Ratio Decidendi
The Court of Appeal exercised its discretion to grant the respondent 14 days to file and serve written submissions and a replying affidavit, finding the request reasonable due to late service of the hearing notice. To prevent prejudice to the applicants, the court also granted an interim stay of the eviction proceedings pending before the trial court until the hearing and determination of the application. The court emphasized the need to balance the interests of both parties and ensure fair opportunity to be heard, while preserving the status quo. The matter was adjourned and ordered to be set down for hearing on a priority basis after the respondent's compliance.
Court Disposition
Application for adjournment and interim stay granted.
Orders
- The respondent is granted leave to file and serve written submissions and a replying affidavit within 14 days from the date of the ruling.
- There shall be interim stay of the eviction proceedings pending before the trial court until the hearing and determination of this application.
Full Case Text
Judgment text and source record
32 paragraphs
M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased) (Civil Application E061 of 2021) [2021] KECA 152 (KLR) (Environment and Land) (10 November 2021) (Ruling)
Neutral citation number: [2021] KECA 152 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E061 of 2021
DK Musinga, J Mohammed & HM Okwengu, JJA
November 10, 2021
Between
Julius Mworia M’Njogu
1st Applicant
M’Marete M’Witari
2nd Applicant
Paul Muriira M’Njogu
3rd Applicant
Julius Mwiti
4th Applicant
John Muthomi
5th Applicant
Daniel Mutua Mugwika
6th Applicant
Kijuki Kaiga
7th Applicant
Karemu M’Ituamikwa
8th Applicant
and
Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased)
Respondent
(An application for stay of execution of the Decree by (L.N. Mbugua ELC. J.) dated 21st July, 2021)
Ruling
1The respondent’s learned Counsel, Mr. Ndubi, has sought time to put in written submissions and a replying affidavit. He has told the Court that he was served with the hearing notice only yesterday. He requires about 14 days to file his papers. The applicant’s learned counsel, Mr. Mwarania, has no objection to that application but prays that the application that is scheduled to be heard before the trial court on 15. 11. 2021 that caused this application to be listed for hearing today be stayed.
2We have considered the respondent’s application and think that it is reasonable. In the circumstances, we adjourn the hearing of this application and make the following orders:1. The respondent is hereby granted leave to file and serve written submissions and replying affidavit to the applicant’s application within 14 days from today.2. Pending the hearing and determination of this application, there shall be interim stay of the eviction proceedings that are pending before the trial court.3. Upon the filing of the replying affidavit and the submissions by the respondent, this application shall be set down for hearing on priority basis. 4. Today’s costs shall be in the cause.
DATED AT NAIROBI THIS 10TH DAY OF NOVEMBER, 2021D. K. MUSINGA, (P)…………………………………JUDGE OF APPEALHANNAH OKWENGU…………………………………JUDGE OF APPEALJ. MOHAMMED………………………………….JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR