[2023] KEHC 3847 (KLR)
The court found that the appellants' application for stay of proceedings and execution of interlocutory rulings had been overtaken by events due to the delivery of judgment in the trial court. Since the application was not amended to seek stay of execution of the judgment itself, and no such application was filed,...
Source-derived case information.
- Citation
- [2023] KEHC 3847 (KLR)
- Parties
- Appellant: Patrick Nganga Njenga; Appellant: James Muchiri Chege; Respondent: Peter Otsieno Wamanya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E396 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application for Stay of Proceedings and Execution
- Outcome
- application dismissed as moot, with costs to the respondent
- Judges
- JN Mulwa
- Legal Topics
- Stay of Execution, Interlocutory Applications, Mootness, Costs Award
- 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
Patrick Nganga Njenga
Appellant
James Muchiri Chege
Appellant
Peter Otsieno Wamanya
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Stay of Proceedings and Execution
Legal Issues
- 1 Whether the application for stay of proceedings and execution was rendered moot by the delivery of judgment in the trial court.
- 2 Whether the court should consider an application that has been overtaken by events and not amended to reflect the current procedural posture.
Ratio Decidendi
The court found that the appellants' application for stay of proceedings and execution of interlocutory rulings had been overtaken by events due to the delivery of judgment in the trial court. Since the application was not amended to seek stay of execution of the judgment itself, and no such application was filed, the reliefs sought were no longer available or legally tenable. The court held that it would serve no legal or procedural purpose to consider or determine an application that had become moot. Consequently, the application was dismissed with costs to the respondent.
Court Disposition
application dismissed as moot, with costs to the respondent
Orders
- The application dated 13/06/2022 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
Njenga & another v Wamanya (Civil Appeal E396 of 2022) [2023] KEHC 3847 (KLR) (Civ) (3 May 2023) (Ruling)
Neutral citation: [2023] KEHC 3847 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E396 of 2022
JN Mulwa, J
May 3, 2023
Between
Patrick Nganga Njenga
1st Appellant
James Muchiri Chege
2nd Appellant
and
Peter Otsieno Wamanya
Respondent
Ruling
1. By a motion dated 13/06/2022, the Appellants sought a myriad of orders, ranging from stay of proceedings in the trial court case No. CMCC No. 7594 of 2020 and stay of execution of rulings delivered on 8/08/2021, 5/06/2022, 25/04/2022, and 15/06/2022. However, on the 13/07/2022, Ms. Gulenywa Advocate for the Appellants told this court that judgment in the trial court had since been delivered, thus rendering the application, in my view moot, having been overtaken by events.
2. Despite the above, Ms. Gulenywa Advocate proceeded to file submissions on the said application dated 13/06/2022, without amending the application which had been filed at an interlocutory stage before the judgment was delivered. The submissions are dated 4/10/2022.
3. A glimpse of the submissions shows that they are in support of the interlocutory rulings dated 8/06/2022, 8/08/2021 and 5/06/2022 and 25/04/2022.
4. By the fact that judgment has been delivered in the trial court, in my view, stay of execution of the said rulings has been overtaken by the said event, and it would make no legal or procedural sense to consider and make findings and determination of the same.
5. The court has also observed that after delivery of the judgment whose date was not disclosed, no other application has been filed to seek stay of execution of the judgment pending appeal.
6. The Respondent too has filed submissions dated 18/08/2022, bringing out the events that took place in the trial court up to the delivery of judgment in the trial Court.
7. Having carefully interrogated the Appellants’ application dated 13/06/2022, and the subsequent events thereafter, and the fact that the applicants have found it not fit to file or amend their application, I am left with no option but to dismiss the application dated 13/06/2022 with costs, the same having been overtaken by events.
8. The upshot is that the application dated 13/06/2022 is dismissed with costs to the Respondent.
DELIVERED DATED AND SIGNED AT NAIROBI THIS 3RDDAY OF MAY 2023. J. N. MULWAJUDGE