[2024] KEELC 4234 (KLR)
The court found that although no substantive appeal had been filed and no security for the money decree was offered, it was in the interests of justice to grant the applicant (1st defendant) a limited stay of execution to allow her to ventilate her issues at the Court of Appeal. The stay was granted for a period of...
Source-derived case information.
- Citation
- [2024] KEELC 4234 (KLR)
- Parties
- Plaintiff: Daniel Waithaka Njora; Defendant: Jacinta Nyawira Kingi; Defendant: Roysambu Housing Co-operative Society Ltd; Defendant: Commissioner Of Lands
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 759 of 2014
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted for 60 days; costs awarded to the respondent; file closed.
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Money Decree, Security for Costs, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Waithaka Njora
Plaintiff
Jacinta Nyawira Kingi
Defendant
Roysambu Housing Co-operative Society Ltd
Defendant
Commissioner Of Lands
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
- 2 Whether the absence of a substantive appeal and security for the money decree affects the grant of stay.
Ratio Decidendi
The court found that although no substantive appeal had been filed and no security for the money decree was offered, it was in the interests of justice to grant the applicant (1st defendant) a limited stay of execution to allow her to ventilate her issues at the Court of Appeal. The stay was granted for a period of 60 days from the date of the ruling, after which execution may proceed if no further orders are obtained. The applicant was ordered to pay the costs of the application.
Court Disposition
Stay of execution granted for 60 days; costs awarded to the respondent; file closed.
Orders
- A stay of execution of the judgment is granted for a period of 60 days from 13 May 2024.
- The applicant is condemned to pay costs of the application.
Full Case Text
Judgment text and source record
23 paragraphs
Njora v Kingi & 2 others (Environment & Land Case 759 of 2014) [2024] KEELC 4234 (KLR) (13 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4234 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 759 of 2014
LN Mbugua, J
May 13, 2024
Between
Daniel Waithaka Njora
Plaintiff
and
Jacinta Nyawira Kingi
1st Defendant
Roysambu Housing Co-operative Society Ltd
2nd Defendant
Commissioner Of Lands
3rd Defendant
Ruling
1. I have perused the application dated 31. 1.2024 as well as the responses filed there of vide a replying affidavit dated 21. 2.2024. The Applicant (1st defendant) is seeking a stay of execution of the judgment.
2. I note that the judgment was delivered way back on 25. 1.2024 but to date, no substantive appeal has been filed. The judgment was also a money decree but no security has been proffered in this matter.
3. That notwithstanding I will grant the applicant limited time to ventilate her issues at the Court of Appeal.
4. As such, I grant a stay of execution of the judgment for a period of 60 days from today. The applicant is condemned to pay costs of the application. The file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 13TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gachoka for plaintiffMuriithi for 1st Defendant ApplicantCourt Assistant: Eddel