[2020] KEHC 5953 (KLR)
The court found that, in the absence of further explanations and clarifications, it was unable to appreciate how the orders dismissing the Objectors' application were capable of execution. Therefore, the court did not grant a stay of execution at this stage but directed that the Respondent be served with the...
Source-derived case information.
- Citation
- [2020] KEHC 5953 (KLR)
- Parties
- Applicant: Monica Akomo Odayo; Applicant: Stephen O. Ongoya; Respondent: Ezekiel Odiero Adero
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 3 of 2019
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal
- Outcome
- Interlocutory directions issued; no stay of execution granted at this stage.
- Legal Topics
- Stay of Execution, Service of Process, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Akomo Odayo
Applicant
Stephen O. Ongoya
Applicant
Ezekiel Odiero Adero
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the orders dismissing the Objectors. application are capable of execution.
- 2 Whether a stay of execution can be granted in the circumstances.
- 3 How service of pleadings and orders should be effected during the COVID-19 pandemic.
Ratio Decidendi
The court found that, in the absence of further explanations and clarifications, it was unable to appreciate how the orders dismissing the Objectors' application were capable of execution. Therefore, the court did not grant a stay of execution at this stage but directed that the Respondent be served with the application and that further directions would be given after service. The court also directed that service of pleadings and orders be effected via email due to the COVID-19 pandemic, in line with prevailing practice directions.
Court Disposition
Interlocutory directions issued; no stay of execution granted at this stage.
Orders
- Respondents to be served with the application for stay of execution.
- Objectors to serve the Petitioner and provide an email address for service of subsequent pleadings and orders.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
CIVIL APPEAL NO. 3 OF 2019
THE ESTATE OF FREDRICK ADERO ODIERO - DECEASED
MONICA AKOMO ODAYO& STEPHEN O. ONGOYA..... OBJECTORS/APPLICANTS
VERSUS
EZEKIEL ODIERO ADERO.................................................PETITIONER/RESPONDENT
23rd April 2020
Coram: Ochieng – J.
Court Assistant: Maureen Ojala
RULING
Court
1. The Objectors seek Stay of Execution of the Orders made by the trial court on 6th October 2019.
2. By the said Orders, the trial court dismissed the Objectors’ application dated 23rd October 2018, which had been amended on 14th November 2018.
3. In the absence of further explanations and clarifications, this court is unable to appreciate how the orders dismissing the Objectors’ application is capable of execution.
4. I direct that the Respondents be served with the application for stay of execution.
5. The Objectors shall serve the Petitioner, together with an email address, at which subsequent pleadings, orders etc. shall be served.
6. Mention on 29th April 2020 for further Directions.
7. Upon service, the Respondent shall provide the Court and the Objectors with an email address, at which service will thereafter be effected.
8. The requirement for email addresses arises from the current circumstances prevailing in Kenya, where the Corona-Virus Pandemic has led to rules barring litigants from accessing the Court House.
9. Parties are directed to suggest such Further Directions as will enable the court deal with the application expeditiously.
In the meantime, parties are informed that the court will most probably require them to canvass the application by way of written submissions.
DATED, SIGNEDandDELIVERED at KISUMUThis23rdday ofApril2020
FRED A. OCHIENG
JUDGE