[2024] KEHC 72 (KLR)
The court found that the appellant failed to comply with the order requiring deposit of security for costs within the time specified. No steps were taken by the appellant to either comply or seek review in this particular appeal, unlike in related appeals. As a result, the court deemed the application for stay of...
Source-derived case information.
- Citation
- [2024] KEHC 72 (KLR)
- Parties
- Appellant: Ezra Mugambi; Respondent: Meru Highlands Dairy Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E111 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal marked as abandoned due to non-compliance with order for deposit of security.
- Judges
- EM Muriithi
- Legal Topics
- Stay of Execution, Security for Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezra Mugambi
Appellant
Meru Highlands Dairy Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant complied with the court order to deposit security for costs within the stipulated period.
- 2 Whether the application for stay of execution pending appeal should be deemed abandoned due to non-compliance.
Ratio Decidendi
The court found that the appellant failed to comply with the order requiring deposit of security for costs within the time specified. No steps were taken by the appellant to either comply or seek review in this particular appeal, unlike in related appeals. As a result, the court deemed the application for stay of execution pending appeal as abandoned. The respondent is therefore at liberty to execute the judgment of the trial court. Costs of the application will be in the appeal.
Court Disposition
Application for stay of execution pending appeal marked as abandoned due to non-compliance with order for deposit of security.
Orders
- The application for stay of execution pending appeal is marked as abandoned.
- The respondent is at liberty to execute the judgment of the trial court.
Full Case Text
Judgment text and source record
19 paragraphs
Mugambi v Meru Highlands Dairy Limited (Civil Appeal E111 of 2023) [2024] KEHC 72 (KLR) (11 January 2024) (Ruling)
Neutral citation: [2024] KEHC 72 (KLR)
Republic of Kenya
In the High Court at Meru
Civil Appeal E111 of 2023
EM Muriithi, J
January 11, 2024
Between
Ezra Mugambi
Appellant
and
Meru Highlands Dairy Limited
Respondent
Ruling
1. The Court made an order herein on the 14/11/2023 granting the appellants fourteen (14) days to comply with order for deposit of security as ordered by the court (Cherere, J) on 27/7/2023, and in default of such deposit the respondent to be at liberty to execute the judgement of the trial court.
2. There has been no compliance and no steps taken in this matter other than being brought up together with two related appeals Meru HCCA Nos E109 and E113 of 2023 in which specific applications for review of the order for the deposit of security were made.
3. The Court considers, and accordingly marks, the application for stay of execution pending appeal herein as abandoned.
4. The Costs of the application shall be in the Appeal.Order accordingly.
DATED AND DELIVERED ON THIS 11TH DAY OF JANUARY, 2024. EDWARD M. MURIITHIJUDGEAppearances:Mr. Nyaga for the applicant.Mr. Kaba for the Respondent.