[2024] KEHC 7903 (KLR)
The court found that the appellant had demonstrated sufficient cause for the grant of a stay of proceedings in the lower court. The judge was persuaded that a stay was necessary to preserve the subject matter of the appeal and to prevent potential prejudice to the appellant. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 7903 (KLR)
- Parties
- Appellant: Sidan Bank Limited; Respondent: Mercy Atieno Otieno & 2 others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E128 of 2024
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
- Outcome
- Interlocutory stay of proceedings granted pending hearing and determination of the application.
- Judges
- MS Shariff
- Legal Topics
- Stay of Proceedings, Interlocutory Applications, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sidan Bank Limited
Appellant
Mercy Atieno Otieno & 2 others
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the High Court should grant a stay of proceedings in Kisumu CMCC E215 of 2023 pending the hearing and determination of the appeal.
- 2 Whether the application for stay meets the threshold for interlocutory relief.
Ratio Decidendi
The court found that the appellant had demonstrated sufficient cause for the grant of a stay of proceedings in the lower court. The judge was persuaded that a stay was necessary to preserve the subject matter of the appeal and to prevent potential prejudice to the appellant. The court exercised its discretion to issue a stay pending the hearing and determination of the application, and set timelines for service, responses, and submissions by the parties.
Court Disposition
Interlocutory stay of proceedings granted pending hearing and determination of the application.
Orders
- The application is not certified as urgent.
- An order of stay of proceedings of Kisumu CMCC E215 of 2023 is issued pending hearing and determination of this application.
Full Case Text
Judgment text and source record
16 paragraphs
Sidan Bank Limited v Otieno & 2 others (Civil Appeal E128 of 2024) [2024] KEHC 7903 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7903 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E128 of 2024
MS Shariff, J
July 3, 2024
Between
Sidan Bank Limited
Appellant
and
Mercy Atieno Otieno & 2 others
Respondent
Ruling
1. I have considered the appellant’s notice of motion dated 1st July 2024, the certificate of urgency issued by Bernard Otieno Esquire advocate on even date and the supporting affidavit of Jackline Ndungú also sworn on even date and I am persuaded of the need to stay the proceedings of the trial court and I thus make the following orders:-1. This application is not certified as urgent.2. An order of stay of proceedings of Kisumu CMCC E215 of 2023 – Mercy Awino Otieno t/a Tacom Ventures vs Sidian Bank Limited and Another is hereby issued pending the hearing and determination of this application.3. The appellant is directed to serve this application within 2 days from the date hereof.4. The respondents are directed to file and serve their responses within 7 days from the date hereof and the Plaintiff is granted leave to file any further affidavit if need be within 10 days from the date hereof.5. The appellant is directed to file their submissions within 15 days from the date hereof and the respondent to do so within 20 days from the date hereof.6. Mention on 24. 7.2024 to confirm compliance.
DATED, DELIVERED AND SIGNED THIS 3RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE