[2023] KEELC 22474 (KLR)
The court exercised its discretion to grant a stay of execution of the judgment dated 18.9.2023 up to 31.1.2024. This was based on the need to allow the 4th and 5th defendants time to file their replying affidavit, the lack of opposition from the Interested Party, and the practical consideration that the festive...
Source-derived case information.
- Citation
- [2023] KEELC 22474 (KLR)
- Parties
- Plaintiff: Anne Wamunyu Muchira; Defendant: Attorney General; Defendant: Commissioner Of Lands; Defendant: Chief Land Registrar; Defendant: Veronica Wairimu Nganga; Defendant: Dominic Ng’Ethe Nganga; Interested Party: National Bank Of Kenya Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1016 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Application for Stay of Execution
- Outcome
- Stay of execution granted up to 31.1.2024; each party to bear own costs.
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Judgment Enforcement, Replying Affidavit, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Wamunyu Muchira
Plaintiff
Attorney General
Defendant
Commissioner Of Lands
Defendant
Chief Land Registrar
Defendant
Veronica Wairimu Nganga
Defendant
Dominic Ng’Ethe Nganga
Defendant
National Bank Of Kenya Limited
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether to grant a stay of execution of the judgment dated 18.9.2023 pending the filing of a replying affidavit by the 4th and 5th defendants.
- 2 Whether the interests of justice and time warrant the stay of execution.
Ratio Decidendi
The court exercised its discretion to grant a stay of execution of the judgment dated 18.9.2023 up to 31.1.2024. This was based on the need to allow the 4th and 5th defendants time to file their replying affidavit, the lack of opposition from the Interested Party, and the practical consideration that the festive season would delay proceedings. The court found that the interests of justice and efficient case management justified the temporary stay, with each party bearing its own costs for the application.
Court Disposition
Stay of execution granted up to 31.1.2024; each party to bear own costs.
Orders
- A stay of execution of the judgment dated 18.9.2023 is granted up to 31.1.2024.
- Each party shall bear their own costs of the application.
Full Case Text
Judgment text and source record
28 paragraphs
Muchira v Attorney General & 4 others; National Bank of Kenya Limited (Interested Party) (Environment & Land Case 1016 of 2012) [2023] KEELC 22474 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22474 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1016 of 2012
LN Mbugua, J
December 14, 2023
Between
Anne Wamunyu Muchira
Plaintiff
and
The Attorney General
1st Defendant
Commissioner Of Lands
2nd Defendant
Chief Land Registrar
3rd Defendant
Veronica Wairimu Nganga
4th Defendant
Dominic Ng’Ethe Nganga
5th Defendant
and
National Bank Of Kenya Limited
Interested Party
Ruling
1. I have considered the application dated 18. 10. 2023. The same is not being opposed by the Interested Party. The 4th and 5th defendants were served and they seek more time to file their Replying Affidavit which is apparently in draft form.
2. I have however considered that the festive season is just round the corner hence any prosecution of the application would spill over to next year in the event that the 4th and 5th defendants are given time to file and serve a Replying Affidavit. In the interest of time & justice, and considering the nature of the application and the orders given in the judgment dated 18. 9.2023, I hereby grant a stay of execution of the judgment upto 31. 1.2024. Each party is to bear their own costs of the application.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ngugi for Plaintiff ApplicantOkoth holding brief for Mugambi for 4th & 5th Defendants/RespondentsM/s Ngari for Interested Party (bank)Court assistant: Eddel