[2022] KECA 768 (KLR)
The court found that the present application, which sought to stay the hearing of Civil Application No. 76 of 2018 and to allow the filing of a further affidavit in that matter, was rendered moot by the fact that Civil Application No. 76 of 2018 had already been disposed of by the court in a ruling of even date. The...
Source-derived case information.
- Citation
- [2022] KECA 768 (KLR)
- Parties
- Applicant: Charles Michael Walker Munro; Respondent: Pamela Ann Walker Munro
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 112 of 2018
- Procedural Posture
- Stay Application / Ruling on Interlocutory Application for Stay and Ancillary Orders
- Outcome
- application dismissed as overtaken by events
- Judges
- SG Kairu, P Nyamweya, JW Lessit
- Legal Topics
- Stay of Proceedings, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Michael Walker Munro
Applicant
Pamela Ann Walker Munro
Respondent
Procedural Posture
Stay Application / Ruling on Interlocutory Application for Stay and Ancillary Orders
Legal Issues
- 1 Whether the hearing of Civil Application No. 76 of 2018 should be stayed pending the determination of the present application.
- 2 Whether the applicant should be granted leave to file a further affidavit in Civil Application No. 76 of 2018.
- 3 Whether the present application is properly before the court given its filing under a different case number.
Ratio Decidendi
The court found that the present application, which sought to stay the hearing of Civil Application No. 76 of 2018 and to allow the filing of a further affidavit in that matter, was rendered moot by the fact that Civil Application No. 76 of 2018 had already been disposed of by the court in a ruling of even date. The court further noted that the present application was improperly filed under a different case number, though this procedural irregularity was ultimately immaterial given the substantive application had already been determined. Consequently, the court dismissed the application as overtaken by events, with no orders as to costs.
Court Disposition
application dismissed as overtaken by events
Orders
- The application dated 30th November 2018 is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Munro v Munro (Civil Application 112 of 2018) [2022] KECA 768 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KECA 768 (KLR)
Republic of Kenya
In the Court of Appeal at Malindi
Civil Application 112 of 2018
SG Kairu, P Nyamweya & JW Lessit, JJA
June 24, 2022
Between
Charles Michael Walker Munro
Applicant
and
Pamela Ann Walker Munro
Respondent
(An application for stay of hearing of Civil Application No. 76 of 2018 (UR 58 of 2018) pending the hearing and determination of this application)
Ruling
1. By his application dated 30th November 2018, the applicant seeks orders that this application “be heard on priority basis and before hearing of Civil Application No. 76 of 2018…”; that the hearing of Civil Application No. 76 of 2018 “be stayed pending the hearing and determination of this application”; that the applicant be granted permission to file further affidavit in Civil Application No. 76 of 2018, being the applicant’s supporting further affidavit sworn on 3rd December 2018.
2. The application was fixed for virtual hearing before us on 14th March 2022 alongside Civil Application No. 76 of 2018 which is the subject of the ruling of the Court of even date. Mr. Kinyua, learned counsel appeared for the applicant while Miss. Metto, learned counsel appeared for the respondent.
3. It is not clear why the present application was filed under a different case number as it relates to and should have been filed in Civil Application No. 76 of 2018. That said, having disposed of Civil Application No. 76 of 2018, and in light of the conclusion the Court has reached in its ruling of even date in respect thereof, the present application is evidently overtaken. It is accordingly dismissed with no orders as to costs.
DATED AND DELIVERED AT MOMBASA THIS 24THDAY OF JUNE 2022. S. GATEMBU KAIRU, FCIArb................................JUDGE OF APPEALP. NYAMWEYA................................JUDGE OF APPEALJ. LESIIT................................JUDGE OF APPEALI certify that this is a true copy of original.SignedDEPUTY REGISTRAR