[2019] KEHC 11917 (KLR)
The court found that the applicant deserved an opportunity to be heard on the application for stay and leave to appeal out of time, particularly in light of the imminent attachment and sale of the proclaimed property. The urgency of the situation justified granting a temporary stay of execution to preserve the...
Source-derived case information.
- Citation
- [2019] KEHC 11917 (KLR)
- Parties
- Plaintiff: Priscila Atieno; Respondent: Michael Okello
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 21 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay and Leave to Appeal Out of Time
- Outcome
- Temporary stay of execution granted pending interpartes hearing; application certified as urgent.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Leave to Appeal Out of Time, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscila Atieno
Plaintiff
Michael Okello
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted a temporary stay of execution pending the hearing of the application for leave to appeal out of time.
- 2 Whether the application should be certified as urgent due to imminent attachment and sale of property.
Ratio Decidendi
The court found that the applicant deserved an opportunity to be heard on the application for stay and leave to appeal out of time, particularly in light of the imminent attachment and sale of the proclaimed property. The urgency of the situation justified granting a temporary stay of execution to preserve the subject matter of the dispute pending interpartes hearing. The court certified the application as urgent and directed service on the respondent for interpartes consideration, balancing the interests of justice and the right to be heard against the respondent's right to execute the judgment.
Court Disposition
Temporary stay of execution granted pending interpartes hearing; application certified as urgent.
Orders
- The application is certified as urgent.
- The applicant is directed to serve the respondent forthwith for interpartes consideration on 8.10.2019.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL DIVISION
CIVIL APPEAL NO. 21 OF 2019
PRISCILA ATIENO...................................................PLAINTIFF
VERSUS
MICHAEL OKELLO..........................................RESPONDENT
(Being an appeal from the Judgment/decree of UkwalaPMCRC
No. 103 of 2019 delivered on 19. 6.2019 before Hon. G. Adhiambo - SRM)
RULING
1. I have perused the application dated 1. 10. 2019 under certificate of urgency. I note that judgment in Ukwala SRM CC No. 110/2018 was delivered on 19. 6.2019 which is over three months ago. The appeal has not been filed. The decree holder has moved the trial Court to execute the judgment and decree in accordance with the Law.
2. However, as the Applicant deserves an opportunity to be heard on his application seeking for stay and leave to appeal out of time, I find the application urgent owing to the imminent attachment and sale of the proclaimed property.
3. I certify the application as urgent and direct the Applicant to serve the Respondent forthwith for interpartes consideration on 8. 10. 2019.
4. On the prayer for a temporary stay, I grant a temporary stay of execution and or attachment/taking of possession/sale of motor vehicle Registration No. KCA 714L Toyota Matatu as per the proclamation of 16. 9.2019 pending interpartes hearing on 8. 10. 2019.
5. Orders accordingly.
DATED AT SIAYA THIS 1ST DAY OF OCTOBER, 2019.
R.E. ABURILI
JUDGE