[2025] KEELC 272 (KLR)
The court found that the appellant had filed an appeal challenging the judgment delivered on 18th November 2024 and that it would be fair and just to allow the appellant an opportunity to pursue the appeal without the risk of execution. The court exercised its discretion under Order 42 Rule 6 of the Civil Procedure...
Source-derived case information.
- Citation
- [2025] KEELC 272 (KLR)
- Parties
- Appellant: Peninah Kimeru Mutua; Respondent: Maher Abdulla Shariff; Respondent: Simon Katua Mutia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E007 of 2024
- Procedural Posture
- Environment and Land Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted for 90 days; each party to bear own costs.
- Judges
- EK Wabwoto
- Legal Topics
- Stay of Execution, Appeals Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peninah Kimeru Mutua
Appellant
Maher Abdulla Shariff
Respondent
Simon Katua Mutia
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the judgment pending appeal.
- 2 Whether sufficient cause has been shown to warrant the grant of stay of execution.
Ratio Decidendi
The court found that the appellant had filed an appeal challenging the judgment delivered on 18th November 2024 and that it would be fair and just to allow the appellant an opportunity to pursue the appeal without the risk of execution. The court exercised its discretion under Order 42 Rule 6 of the Civil Procedure Rules and granted a stay of execution of the judgment for a period of 90 days from the date of the ruling. The court further ordered that each party bear their own costs for the application, emphasizing the need to balance the interests of justice for both parties.
Court Disposition
Stay of execution granted for 90 days; each party to bear own costs.
Orders
- A stay of execution against the judgment delivered on 18th November 2024 is granted for a period of 90 days from 31st January 2025.
- Each party to bear own costs of the application.
Full Case Text
Judgment text and source record
23 paragraphs
Mutua v Shariff & another (Being Sued as the Legal Representative of the Estate of Abdulla Shariff Omar Mohamed) (Environment and Land Appeal E007 of 2024) [2025] KEELC 272 (KLR) (Environment and Land) (31 January 2025) (Ruling)
Neutral citation: [2025] KEELC 272 (KLR)
Republic of Kenya
In the Environment and Land Court at Voi
Environment and Land
Environment and Land Appeal E007 of 2024
EK Wabwoto, J
January 31, 2025
Between
Peninah Kimeru Mutua
Appellant
and
Maher Abdulla Shariff
1st Respondent
Simon Katua Mutia
2nd Respondent
Being Sued as the Legal Representative of the Estate of Abdulla Shariff Omar Mohamed
Ruling
1. Order 42 Rule 6 Sub-Rule 1 of the Civil Procedure Rules. The provisions under reference state as hereunder:“No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but, the court appealed from may for sufficient cause order stay of execution of such decree or order, and whether the application for such stay shall have been granted or refused by the court appealed from, the court to which such appeal is preferred shall be at liberty, on the application being made, to consider such application and to make such order thereon as may to it seems just, and any person aggrieved by order of stay made by the court from whose decision the appeal is preferred may apply to the appellate court to have such order set aside”.
2. The court has considered the application as well as the Replying Affidavit sworn on 13th December 2024 by the 1st Respondent and the Replying Affidavit sworn on 9th December 2024 by the 2nd Respondent. The court has also taken into consideration that judgment was delivered on 18th November 2024 and that the Appellant has since filed an appeal challenging the said decision.
3. In view of the foregoing it is only fair and just that the Applicant be given an opportunity to pursue his appeal and as such this court shall grant a stay of execution against the judgment of this court delivered on 18th November 2024 for a period of 90 days from today. Each party to bear own costs of the said application.
It is so ordered
DATED, SIGNED AND DELIVERED VIRTUALLY AT VOI THIS 31ST DAY OF JANUARY 2025. E. K. WABWOTOJUDGEIn the presence of: -Mr. Mutinda for 2nd Respondent and also holding brief for Mr. Muthami for 1st Respondent.Mr. Mbuthia for the Applicant.Court Assistant: Mary Ngoira