https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7800

Mwambura & another v Baiya & 2 others (Civil Appeal E025 of 2022) [2026] KEHC 7800 (KLR) (13 May 2026) (Ruling) Neutral citation: [2026] KEHC 7800 (KLR) Republic of Kenya In the High Court at Bungoma Civil Appeal E025 of 2022 E Ominde, J May 13, 2026 Between Rose Njoki Mwambura 1st Appellant Haron Githinji Mwambura 2nd Appellant and Njenga Baiya Respondent and Paul Barasa Wamoto t/a Pawaba Auctioneers Auctioneer and Paul Kamau Njenga Objector Ruling 1.Before this court is an application by the applicant dated 13th April 2026 brought Pursuant to Order 22 Rule 51 and Order 51 Rule 1 of the Civil Procedure and Article 159 of the constitution 2010 and all other enabling Legal Provisions seeking the following orders:a.Spentb.That pending the hearing and determination of the application herein inter-parties this Honourable court be pleased to issue an order of stay of execution of the Proclamation notice of the Motor Vehicle Registration No. KCS 108U as particularized in the proclamation notice dated 20th day of February, 2026.c.That this Honourable court be pleased to remove and/or lift the proclamation notice of moveable property and/or warrant of attachment and sale of moveable property as particularized in the proclamation notice dated 20th day of February, 2026.d.That the Appellant herein be condemned to pay costs arising from and Incidental to this application.e.That this Honourable court be pleased to issue any other order as it may deem fit and just to grant. 2.The application is supported by the grounds on the face of it and the affidavit of Paul Kamau Njenga sworn on 13th April, 2026. 3.Counsel for the appellants, Ms. Wambani stated that the matter is being mentioned to confirm compliance on the directions of 14th April 2026. Counsel stated that the objector served them and she complied. She further stated that she had no objection to the objector’s application and she will not file a response. The application can be allowed as prayed. 4.The objector in his submissions stated that he served the application and a supplementary affidavit with it though filed without leave. He prays that the court deems it as properly filed. He further stated that he had not been served with any response. He therefore prays that the application be allowed and the Applicants/ Auctioneers application be dismissed with costs. 5.Having perused the Affidavit of service dated 7th May 2026 filed by the Objector, I am satisfied that the Respondents were duly served and are aware of this hearing but are not in court. Given that counsel for the Appellant do not object to the Objector/Applicants application dated 13th April 2026 and that the Respondents have not filed any Response thereto, I issue the following orders: -a.That an order of stay of execution be and is hereby issued of the proclamation notice of the Motor Vehicle Registration No. KCS 108U as particularized in the Proclamation notice dated 20th day of February 2026.b.That an order is hereby issued removing and/or lift the Proclamation notice of movable property as particularized in the proclamation notice of moveable property dated 20th February 2026.c.That the Appellant herein is now hereby condemned to pay costs arising from the incidental to this application.d.That having also perused the Supplementary Affidavit filed, I note that it is about the issue of the Auctioneers costs which is a new matter in this cause. It is therefore struck out for the reasons and for being filed without the leave of the court.e.The respondent’s application dated 5th March, 2026 is now hereby dismissed in its entirety with costs to the Respondents. READ DATED AND SIGNED AT BUNGOMA ON 13TH DAY OF MAY, 2026E. OMINDEJUDGE