[2024] KEELC 1304 (KLR)
The court found that the application for stay of execution was filed timeously and that the appellants had demonstrated merit in their request, particularly as they had already deposited the sum of Kshs. 600,000 as security for costs as previously directed by the court. The absence of opposition from the respondents...
Source-derived case information.
- Citation
- [2024] KEELC 1304 (KLR)
- Parties
- Appellant: Guyo Huka Roba; Appellant: Tadesa Mohamed; Appellant: Roba Arero; Respondent: Sora Guyo Huka; Respondent: Guyo Okola Haro; Respondent: Michael Malicha Guyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E002 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application allowed with conditions.
- Judges
- PM Njoroge
- Legal Topics
- Stay of Execution, Security for Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guyo Huka Roba
Appellant
Tadesa Mohamed
Appellant
Roba Arero
Appellant
Sora Guyo Huka
Respondent
Guyo Okola Haro
Respondent
Michael Malicha Guyo
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellants are entitled to a stay of execution of the judgment pending determination of the appeal.
- 2 Whether the deposit of Kshs. 600,000 as security for costs is sufficient to warrant the grant of stay.
Ratio Decidendi
The court found that the application for stay of execution was filed timeously and that the appellants had demonstrated merit in their request, particularly as they had already deposited the sum of Kshs. 600,000 as security for costs as previously directed by the court. The absence of opposition from the respondents further supported the grant of the orders sought. The court exercised its discretion to allow the application, ordering that the deposited sum remain in court custody until the appeal is determined, and directed the appellants to file and exchange the record of appeal within 21 days. The costs of the application were ordered to be in the cause.
Court Disposition
Application allowed with conditions.
Orders
- The application for stay of execution is allowed; costs shall be in the cause.
- The sum of Kshs. 600,000 deposited as security for costs shall remain in the custody of the court until the appeal is heard and determined.
Full Case Text
Judgment text and source record
28 paragraphs
Roba & 2 others v Huka & 2 others (Environment and Land Appeal E002 of 2023) [2024] KEELC 1304 (KLR) (11 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1304 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal E002 of 2023
PM Njoroge, J
March 11, 2024
Between
Guyo Huka Roba
1st Appellant
Tadesa Mohamed
2nd Appellant
Roba Arero
3rd Appellant
and
Sora Guyo Huka
1st Respondent
Guyo Okola Haro
2nd Respondent
Michael Malicha Guyo
3rd Respondent
Ruling
1. This application is dated 18th July, 2023 and seeks the following orders;1. That this application be certified as urgent and service be dispensed with in the first instance and the application be heard exported.2. That there be a temporary stay of execution pending the hearing and determination of the main Application herein.3. That there be a temporary stay of execution of enforcing the judgment entered on 20th June, 2023 pending the hearing and determination of Isiolo High Court Civil Appeal Number ELCLA 2 of 2023. 4.That costs of the Application be provided for.
2. The application is supported by the affidavit of Guyo Huka, the first appellant and has the following grounds;i.The Appellant has lodged an Appeal against the Judgment of this Honourable Court delivered on 20th June, 2023 and have indeed filed Memorandum of Appeal and Record to with Isiolo High Court Civil Appeal No. ELCLA 2/2023. ii.If the execution proceedings commence the Appellant will suffer substantial irreparable loss and damage.iii.That the lower court Thirty (30) days stay of execution issued on the 20th June, 2023 will lapse on the 19th July, 2023.
3. Constructively, the application is not opposed as the respondents have not filed submissions. I find that the filing of the application was timeous. I also find that the appellants have, in their submissions, persuaded the court that the orders they seek are meritorious.
4. I note that on 20/7/2023, this court gave a conditional stay of execution provided that the appellants deposited with court as security the sum of Kshs. 600,000/= within 21 days. As the appellants deposited the same sum of Kshs. 600,000/= as security, I direct that the said deposit remains in the custody of this court until this appeal is heard and determined.
5. The following orders are issued;a.The application is allowed with an order that the costs shall be in the cause Provided that the sum of Kshs. 600,000/= which has been deposited with court as security for costs shall remain in the custody of the court until this appeal is heard and determined.b.The appellants are directed to file and exchange the apposite record of appeal within the next 21 days.c.Parties will come to court for direction on 13th May, 2024.
DELIVERED IN OPEN COURT AT ISIOLO THIS 11TH DAY OF MARCH, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaMisati present for the AppellantOther parties absentHON. JUSTICE P.M NJOROGEJUDGE