[2025] KEHC 2647 (KLR)
The court found that the application for stay of execution was properly served on the respondent, who neither appeared nor filed any opposition. In the absence of opposition and upon being satisfied that service was effected, the court exercised its discretion to grant the stay of execution pending the hearing and...
Source-derived case information.
- Citation
- [2025] KEHC 2647 (KLR)
- Parties
- Appellant: Joseph Mutemi Muithya; Respondent: Lilian Njeri
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E001 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- Application for stay of execution allowed.
- Judges
- LW Gitari
- Legal Topics
- Stay of Execution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mutemi Muithya
Appellant
Lilian Njeri
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 application for stay of execution was properly served on the respondent, who neither appeared nor filed any opposition. In the absence of opposition and upon being satisfied that service was effected, the court exercised its discretion to grant the stay of execution pending the hearing and determination of the appeal. The court further directed that costs be in the cause.
Court Disposition
Application for stay of execution allowed.
Orders
- There be a stay of execution pending the hearing and determination of the appeal.
- Costs in cause.
Full Case Text
Judgment text and source record
17 paragraphs
Muithya v Njeri (Civil Appeal E001 of 2025) [2025] KEHC 2647 (KLR) (3 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2647 (KLR)
Republic of Kenya
In the High Court at Kitui
Civil Appeal E001 of 2025
LW Gitari, J
March 3, 2025
Between
Joseph Mutemi Muithya
Appellant
and
Lilian Njeri
Respondent
Ruling
1. The application dated 18/02/2025 under a Certificate of Urgency was served on the respondent as directed by this court. There is an affidavit of service showing that the respondent was served. The respondent did not attend court nor did he file any document to oppose the application. The application is not opposed. I allow the application.
2. I order that there be a Stay of Execution pending the hearing and determination of the Appeal. Costs in cause.
DATED, SIGNED AND DELIVERED AT KITUI THIS 3RD DAY OF MARCH 2025. HON. LADY JUSTICE L. GITARIJUDGE