[2024] KEHC 57 (KLR)
The court found that the appellant failed to comply with the order to deposit security for costs within the fourteen days granted by the court. No steps were taken to comply or to seek review of the order in this particular appeal, distinguishing it from related appeals where such applications were made. As a...
Source-derived case information.
- Citation
- [2024] KEHC 57 (KLR)
- Parties
- Appellant: Eric Mwenda; Respondent: Meru Highlands Dairy Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E108 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; costs in the appeal
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eric Mwenda
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 to deposit security for costs within the fourteen days granted by the court. No steps were taken to comply or to seek review of the order in this particular appeal, distinguishing it from related appeals where such applications were made. As a result, the court deemed the application for stay of execution pending appeal as abandoned. The respondent was thus at liberty to execute the judgment of the trial court, and the costs of the application were ordered to be in the appeal.
Court Disposition
application for stay of execution pending appeal marked as abandoned; costs in the appeal
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
20 paragraphs
Mwenda v Meru Highlands Dairy Limited (Civil Appeal E108 of 2023) [2024] KEHC 57 (KLR) (11 January 2024) (Ruling)
Neutral citation: [2024] KEHC 57 (KLR)
Republic of Kenya
In the High Court at Meru
Civil Appeal E108 of 2023
EM Muriithi, J
January 11, 2024
Between
Eric Mwenda
Appellant
and
Meru Highlands Dairy Limited
Respondent
Ruling
1. The Court made an order herein on the November 14, 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.