[2025] KEHC 3393 (KLR)
The court found that although the applicant sought an extension of stay of execution, the substance of the application was a request for time to settle the decretal sum in instalments. The court held that such relief must be sought through a specific application that satisfies the legal requirements for payment by...
Source-derived case information.
- Citation
- [2025] KEHC 3393 (KLR)
- Parties
- Applicant: Eric Mbiu Nguku; Respondent: Jamjos Enterprises Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E126 of 2023
- Procedural Posture
- Civil Appeal / Post Judgment Application for Stay and Extension of Time
- Outcome
- application dismissed with costs
- Judges
- AC Mrima
- Legal Topics
- Stay of Execution, Extension of Time, Instalment Payment of Debt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Mbiu Nguku
Applicant
Jamjos Enterprises Limited
Respondent
Procedural Posture
Civil Appeal / Post Judgment Application for Stay and Extension of Time
Legal Issues
- 1 Whether the applicant is entitled to an extension of stay of execution pending appeal.
- 2 Whether the applicant can be granted time to settle the decretal sum in instalments through the present application.
Ratio Decidendi
The court found that although the applicant sought an extension of stay of execution, the substance of the application was a request for time to settle the decretal sum in instalments. The court held that such relief must be sought through a specific application that satisfies the legal requirements for payment by instalments. Since the applicant had not properly moved the court for this relief, the application was misconceived and could not be granted. The court therefore dismissed the application with costs.
Court Disposition
application dismissed with costs
Orders
- The Notice of Motion dated 14th November 2024 is dismissed with costs.
Full Case Text
Judgment text and source record
21 paragraphs
Nguku v Jamjos Enterprises Limited (Civil Appeal E126 of 2023) [2025] KEHC 3393 (KLR) (Civ) (20 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3393 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E126 of 2023
AC Mrima, J
March 20, 2025
Between
Eric Mbiu Nguku
Applicant
and
Jamjos Enterprises Limited
Respondent
Ruling
1. This is a post-judgment ruling in respect of an application by way of a Notice of Motion dated 14th November 2024 which was taken out by the Appellant/Applicant. The application sought the following orders: -1. That the application herein be certified urgent and service thereof be dispensed with.2. That this Honourable Court be pleased to enlarge time and extend the orders of stay issued on 9th October 2022 by Hon. Justice Alexander Muasya Muteti and/or maintain status quo pending the hearing and determination of this application and appeal.3. That there be a stay of execution of the Exparte judgment and decree entered on 24th November 2022 by Hon. E.M. Kagoni (PM) in CMC No. E10650 of 2016 and further extension of the stay orders issued on 9th October 2024 by Hon. Justice Alexander Muasya Muteti against the Applicant herein together with all the consequential orders pending the inter-partes hearing and determination of the appeal.4. The costs of the application be in the cause.
2. Pursuant to the directions of this Court, the application was heard by way of written submissions.
3. Despite the prayers sought in the application, the Applicant seems to be in essence seeking for time within which to satisfy the decree in instalments. This Court holds as such since the Applicant deposed in paragraph 8 of his Affidavit in support of the application as follows: -8. That I am keen to ensure that the decretal sum owed to the Respondent herein is settled thus I seek for an extension of time to allow me to settle the amounts in manageable instalments.
4. As the purpose of the application is to seek accommodation to settle the judgment sum in instalments then the application is misconceived. The Applicant ought to have outrightly filed an application seeking to liquidate the decretal sum in instalments and satisfy the conditions attendant to such an application. The application, therefore, suffers a false start and is hereby disallowed.
5. Consequently, the Notice of Motion dated 14th November 2024 is hereby dismissed with costs.Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF MARCH, 2025. A. C. MRIMAJUDGERuling No.1 virtually delivered in the presence of:Mr. Gatunga, Learned Counsel for the Applicant/Appellant.Mr. Ng’ang’a Kamau, Learned Counsel for the Respondent.Michael – Court Assistant.