[2016] KEELC 1190 (KLR)
The court granted a stay of execution of its earlier ruling striking out the plaintiff's case, pending the outcome of the appeal, on the basis that the application was not opposed by the respondents except for the condition that the original title deed to the suit property be deposited in court. The court found this...
Source-derived case information.
- Citation
- [2016] KEELC 1190 (KLR)
- Parties
- Plaintiff: Ndiogo Ole Taruru; Defendant: Mary Benson Kuyo; Defendant: Selifina Wanjiru Thendeu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay Pending Appeal
- Outcome
- application for stay pending appeal allowed with conditions
- Judges
- MA Silau
- Legal Topics
- Stay of Execution, Appeal Procedure, Title Deed Deposit
- 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
Ndiogo Ole Taruru
Plaintiff
Mary Benson Kuyo
Defendant
Selifina Wanjiru Thendeu
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether a stay of execution pending appeal should be granted after the plaintiff's case was struck out.
- 2 Whether the deposit of the original title deed as security is a proper condition for granting stay.
Ratio Decidendi
The court granted a stay of execution of its earlier ruling striking out the plaintiff's case, pending the outcome of the appeal, on the basis that the application was not opposed by the respondents except for the condition that the original title deed to the suit property be deposited in court. The court found this condition reasonable to secure the subject matter of the dispute during the pendency of the appeal. The stay was therefore allowed, but expressly made conditional upon the plaintiff depositing the original title deed in court within 14 days, failing which the stay would lapse automatically. Costs of the application were ordered to abide the outcome of the appeal.
Court Disposition
application for stay pending appeal allowed with conditions
Orders
- Stay of execution of the ruling of 11th July 2014 is granted pending appeal to the Court of Appeal, subject to the plaintiff depositing the original title deed to land parcel CIS Mara/Olpusimoru/51 in court within 14 days.
- If the title deed is not deposited within 14 days, the stay shall automatically lapse.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 5 OF 2012
NDIOGO OLE TARURU……………………..…...............................................……PLAINTIFF
VERSUS
MARY BENSON KUYO……………………...................................................1ST DEFENDANT
SELIFINA WANJIRU THENDEU……....................................................……2ND DEFENDANT
RULING
(Application for stay pending appeal; application not opposed subject to request that original title deed be deposited in court; application allowed subject to deposit of title deed)
1. The application before me is that dated 25th August 2014 filed by the plaintiff. It is an application for stay of execution of the ruling delivered on 11th July 2014, pending the hearing of an appeal which has been preferred to the Court of Appeal. In the said ruling, the plaintiff's case was struck out as incompetent.
2. Mr. Otieno for the respondents has no objection to stay being granted, subject to the deposit, in court, of the title deed to the land parcel No. CIS Mara/Olpusimoru/51 which is in the name of the plaintiff, and which is the subject matter of this suit.
3. Considering the above, I do grant an order of stay of execution of the ruling of 11th July 2014, pending appeal to the Court of Appeal, subject to the condition that the plaintiff shall deposit the original title deed to the land parcel CIS Mara/Olpusimoru/51 in court within the next 14 days. If this is not done, then the stay herein shall automatically lapse.
4. The costs of the application shall abide the outcome of the appeal.
5. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 20th January, 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of:-
N/A on part of M/s Ikua Mwangi and Company for applicant.
N/A of part of M/s Geoffrey Otieno & Company for respondent
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU