[2002] KECA 243 (KLR)
The court rejected the respondent's preliminary objection, finding that the reasons advanced by the applicant's counsel were sufficient to allow the application to proceed. The court further granted leave, by consent of both parties, for the filing of supplementary affidavits within 14 days. The main application for...
Source-derived case information.
- Citation
- [2002] KECA 243 (KLR)
- Parties
- Applicant: Samuel Kipleting Rono; Respondent: Agricultural Finance Corporation
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 253 of 2002
- Procedural Posture
- Stay Application / Interlocutory Application for Stay of Execution Pending Appeal
- Outcome
- Preliminary objection rejected; application for stay to proceed; leave granted for supplementary affidavits.
- Legal Topics
- Stay of Execution, Preliminary Objection, Supplementary Affidavits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kipleting Rono
Applicant
Agricultural Finance Corporation
Respondent
Procedural Posture
Stay Application / Interlocutory Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the preliminary objection to the application for stay of execution should be upheld.
- 2 Whether parties should be granted leave to file supplementary affidavits in the application for stay.
Ratio Decidendi
The court rejected the respondent's preliminary objection, finding that the reasons advanced by the applicant's counsel were sufficient to allow the application to proceed. The court further granted leave, by consent of both parties, for the filing of supplementary affidavits within 14 days. The main application for stay of execution was to be set down for hearing, with costs in the application. The decision ensures that the substantive issues raised in the application for stay of execution will be determined on their merits after the parties have had an opportunity to fully present their evidence and arguments.
Court Disposition
Preliminary objection rejected; application for stay to proceed; leave granted for supplementary affidavits.
Orders
- The preliminary objection is rejected with costs.
- The application for stay of execution to proceed.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: LAKHA, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. NAI. 253 OF 2002 (UR. 127/02)
BETWEEN
SAMUEL KIPLETING RONO .................................................... APPLICANT
AND
AGRICULTURAL FINANCE CORPORATION ......................RESPONDENT
(Application for Stay of Execution of the Order of the High Court of Kenya at Eldoret pending the hearing and determination of the Appeal arising therefrom now pending in the Court of Appeal (Honourable Mr. Justice Omondi Tunya) dated 11th July, 2002
in
H.C.C.C. NO. 14 OF 2002) **************
R U L I N G:
For the reasons advanced by Mr. Olunga and subject to the filing of the requisition notice of change the preliminary objection is rejected with costs. The application to proceed.
A.A. LAKHA ................... JUDGE OF APPEAL
By consent both parties may file further affidavits. Leave granted to file supplementary affidavits within 14 days. Main application to be set down for hearing. Costs in the application.
Dated and delivered at Nairobi this 29th day of October, 2002.
A.A. LAKHA
……………………….. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR