[2011] KEHC 530 (KLR)
The court found that the appellant had complied with the order to deposit the decretal sum and that the application for stay of execution was unopposed. In the absence of any opposition and given compliance with the court's directions, the court granted the stay as sought in prayer 3 of the Notice of Motion dated...
Source-derived case information.
- Citation
- [2011] KEHC 530 (KLR)
- Parties
- Appellant: Morrison Mbuthia Maina; Respondent: Gladys Muthoni Muchiri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 40 of 2010
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- stay of execution granted pending appeal
- Legal Topics
- Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morrison Mbuthia Maina
Appellant
Gladys Muthoni Muchiri
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution pending the hearing and determination of the appeal.
Ratio Decidendi
The court found that the appellant had complied with the order to deposit the decretal sum and that the application for stay of execution was unopposed. In the absence of any opposition and given compliance with the court's directions, the court granted the stay as sought in prayer 3 of the Notice of Motion dated 25/11/2011. The appellant is expected to expedite the preparation of the appeal for hearing.
Court Disposition
stay of execution granted pending appeal
Orders
- Stay of execution granted as per prayer 3 of the Notice of Motion dated 25/11/2011.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL APPEAL NO 40 OF 2010
MORRISON MBUTHIA MAINA …………………..………………………… APPELLANT
VERSUS
GLADYS MUTHONI MUCHIRI……........………………………………RESPONDENT
(An Appeal from the Judgment of J.N. MWANIKI Senior Resident Magistrate Baricho Civil Case No. 6 of 2009 on 8/2/2010)
RULING
This is the Applicant/Appellant’s Application dated 25/11/2011. Its supported by the grounds on the face of the Application plus the supporting affidavit. The Respondent was served with the application and date of inter partes hearing. There is no Replying affidavit filed. So the Application stands unopposed.
On 28/11/2011 the court ordered the Applicant to deposit the decretal sum in court. The order was complied with. The Appeal was admitted on 12/10//2011.
The Appellant is expected to move fast and prepare the appeal for hearing. I therefore grant the orders of stay as per prayer 3 of the Notice of Motion dated 25/11/2011.
Costs to be in cause.
DELIVERED, SIGNED AND DATED AT EMBU THIS 21ST DAY OF DECEMBER 2011.
H.I. ONG’UDI
JUDGE