[2023] KEHC 1961 (KLR)
The court found that there was no evidence that the counsel who represented the respondent in the lower court was on record in the appeal. In the interest of justice, the court directed that the respondent be personally served with the application for stay of execution before any further orders could be issued. The...
Source-derived case information.
- Citation
- [2023] KEHC 1961 (KLR)
- Parties
- Appellant: Modern Coast Express Ltd; Respondent: Ann Wairimu Kimani
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E002 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Stay of Execution Application
- Outcome
- Application for stay of execution deferred pending proper service on the respondent.
- Judges
- GL Nzioka
- Legal Topics
- Stay of Execution, Service of Process, Appellate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Modern Coast Express Ltd
Appellant
Ann Wairimu Kimani
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Application
Legal Issues
- 1 Whether the respondent was properly served with the application for stay of execution.
- 2 Whether further orders should be issued before proper service on the respondent.
Ratio Decidendi
The court found that there was no evidence that the counsel who represented the respondent in the lower court was on record in the appeal. In the interest of justice, the court directed that the respondent be personally served with the application for stay of execution before any further orders could be issued. The court emphasized the necessity of proper service to ensure fairness and the right to be heard.
Court Disposition
Application for stay of execution deferred pending proper service on the respondent.
Orders
- The respondent shall be served with the application for stay of execution before any further orders are issued.
Full Case Text
Judgment text and source record
16 paragraphs
Modern Coast Express Ltd v Kimani (Civil Appeal E002 of 2023) [2023] KEHC 1961 (KLR) (7 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1961 (KLR)
Republic of Kenya
In the High Court at Naivasha
Civil Appeal E002 of 2023
GL Nzioka, J
March 7, 2023
Between
Modern Coast Express Ltd
Appellant
and
Ann Wairimu Kimani
Respondent
Ruling
1. I note that, the application herein is stay of execution of a judgment in favour of the respondent. the appellant served the respondent’s counsel but it is not evidence that, the counsel who represented the respondent in the lower court is on record herein. in the interest of justice i direct that, the respondent also be served with the application before any further orders are issue.It is so ordered.
Dated, delivered and signed this 7th March 2023GRACE L. NZIOKAJUDGEIn the presence of:Buluma holding brief for Ms Chepng’eno for the applicantNo appearance for the RespondentMs Ogutu-court assistant