[2024] KEHC 11967 (KLR)
The court found that there was a need to maintain the status quo pending the hearing of the application for stay of execution. Accordingly, the court granted a temporary stay of execution of the ruling delivered in Kisumu CMCC No. 213 of 2019 for a period of 8 days, pending inter partes hearing and further...
Source-derived case information.
- Citation
- [2024] KEHC 11967 (KLR)
- Parties
- Appellant: Shem Odhiambo Ochieng; Respondent: Joanes Keya Raphael
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E194 of 2024
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Stay Application
- Outcome
- interim stay of execution granted pending further directions
- Judges
- MS Shariff
- Legal Topics
- Stay of Execution, Interlocutory Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Odhiambo Ochieng
Appellant
Joanes Keya Raphael
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Stay Application
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the lower court's ruling pending appeal.
- 2 Whether the application should be certified as urgent.
- 3 What directions should be given regarding service and response timelines.
Ratio Decidendi
The court found that there was a need to maintain the status quo pending the hearing of the application for stay of execution. Accordingly, the court granted a temporary stay of execution of the ruling delivered in Kisumu CMCC No. 213 of 2019 for a period of 8 days, pending inter partes hearing and further directions. The court also set timelines for service of the application and filing of responses, and scheduled a mention date for further directions. The application was not certified as urgent.
Court Disposition
interim stay of execution granted pending further directions
Orders
- The application is not certified as urgent.
- The application to be served within 2 days from the date of the ruling.
Full Case Text
Judgment text and source record
16 paragraphs
Ochieng v Raphael (Civil Appeal E194 of 2024) [2024] KEHC 11967 (KLR) (7 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11967 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E194 of 2024
MS Shariff, J
October 7, 2024
Between
Shem Odhiambo Ochieng
Appellant
and
Joanes Keya Raphael
Respondent
Ruling
1. Upon perusal of the notice of motion dated 4. 10. 24, the supporting affidavit sworn by Shem Odhiambo on even date and upon perusal of the memorandum of appeal and the other annexures to this application, I note that there is need to maintain the status quo and I thus make the following orders:-1. This application is not certified as urgent.2. The same be served within 2 days from the date hereof.3. The Respondent is directed to file a response within 7 days from the date hereof.4. An order of stay of execution is granted against the ruling of Hon. D. Onyango in Kisumu CMCC No. 213 of 2019 delivered on 12. 9.2024 for a period of 8 days.5. Notice of motion to be mentioned on 15. 10. 2024 for taking of further directions.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 7TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE