[2010] KEHC 2792 (KLR)
The court found that granting a stay of execution pending the hearing and determination of the application inter partes would not prejudice the respondent. The court determined that it was unnecessary to delve into the substantive issues raised in the affidavits at this stage, as the relief sought was limited and...
Source-derived case information.
- Citation
- [2010] KEHC 2792 (KLR)
- Parties
- Appellant: Rose Wambui Wachira; Respondent: Peter Muriithi Mwai
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 21 of 2009
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Inter Partes Hearing
- Outcome
- Application allowed. Stay of execution granted pending inter partes hearing.
- Legal Topics
- Stay of Execution, Interlocutory Applications, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wambui Wachira
Appellant
Peter Muriithi Mwai
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Inter Partes Hearing
Legal Issues
- 1 Whether the court should grant a stay of execution of the judgment and orders delivered on 26th January 2009 pending the hearing and determination of the application inter partes.
Ratio Decidendi
The court found that granting a stay of execution pending the hearing and determination of the application inter partes would not prejudice the respondent. The court determined that it was unnecessary to delve into the substantive issues raised in the affidavits at this stage, as the relief sought was limited and procedural. Accordingly, the court exercised its discretion to grant the stay as prayed in the application, ensuring that the status quo would be maintained until the application could be heard inter partes.
Court Disposition
Application allowed. Stay of execution granted pending inter partes hearing.
Orders
- Prayer 2 of the application is granted as prayed: stay of execution of the judgment and all subsequent orders delivered on 26th January 2009 in Kerugoya Civil Suit No. 261 of 2008 until the hearing and determination of the application inter partes.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Civil Appeal 21 of 2009
ROSE WAMBUI WACHIRA…………………………………………….APPELLANT
VERSUS
PETER MURIITHI MWAI……………………………………………RESPONDENT
R U L I N G
The application dated 3/6/2009 seeks only 1 prayer i.e;
“That the Honourable court be pleased to stay execution of the Judgment and or orders delivered on 26th January 2009 and all subsequent orders by the Senior Resident Magistrate Kerugoya in Civil Suit No. 261 of 2008 until the hearing and determination of this application inter parties.”
As stated by counsel for the Respondent, there is no order seeking stay of execution until the appeal is heard and determined.
I have considered the application before me, the grounds on its faced and the rival affidavits.My finding is that the prayer sought will not prejudice the Respondent in any way- nor is it necessary to delve into the issues raised in detail.
I therefore allow the application and grant prayer 2 of the application as prayed.
Costs will be in the cause.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 11th day of May 2010.
In presence of:-Mr. Magee for Ms Wanjiru for Respondent.