[2014] KEHC 270 (KLR)
The court found that the imminent commencement of the Easter Vacation would delay the delivery of the ruling on the applicants' application for leave to appeal. Given the applicants' expressed fear of execution of the lower court judgment in the interim, the court exercised its discretion to grant a temporary stay...
Source-derived case information.
- Citation
- [2014] KEHC 270 (KLR)
- Parties
- Applicant: Stephen Muthamia Marete; Applicant: David Gatobu Marete; Applicant: Julius Murithi Marete; Respondent: Patrick Kinyua M'iringo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 13 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Oral Application for Stay Pending Delivery of Ruling
- Outcome
- Temporary stay of execution granted pending delivery of ruling on application for leave to appeal.
- Judges
- FM Njoroge
- Legal Topics
- Stay of Execution, Leave to Appeal, Oral Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Muthamia Marete
Applicant
David Gatobu Marete
Applicant
Julius Murithi Marete
Applicant
Patrick Kinyua M'iringo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Oral Application for Stay Pending Delivery of Ruling
Legal Issues
- 1 Whether the applicants are entitled to a temporary stay of execution of the judgment pending delivery of the ruling on their application for leave to appeal.
- 2 Whether an oral application for stay is proper in the absence of a formal application.
Ratio Decidendi
The court found that the imminent commencement of the Easter Vacation would delay the delivery of the ruling on the applicants' application for leave to appeal. Given the applicants' expressed fear of execution of the lower court judgment in the interim, the court exercised its discretion to grant a temporary stay of execution. The court considered that refusing the stay could render the pending application nugatory and defeat the ends of justice. The court also noted the respondent's objection regarding the lack of a formal application but determined that the urgency and risk of prejudice to the applicants justified granting the stay on an interim basis pending the substantive ruling.
Court Disposition
Temporary stay of execution granted pending delivery of ruling on application for leave to appeal.
Orders
- An order of stay of execution of the Judgment/Decree in Meru CMCC No. 358 of 1998 is granted pending delivery of the ruling concerning the applicants' application dated 24th March, 2014.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO. 13 OF 2014
STEPHEN MUTHAMIA MARETE......................................................1ST APPLICANT
DAVID GATOBU MARETE................................................................2ND APPLICANT
JULIUS MURITHI MARETE...............................................................3RD APPLICANT
VERSUS
PATRICK KINYUA M'IRINGO..............................................................RESPONDENT
R U L I N G
This matter came up for directions on 9. 4.2014 when the parties confirmed that they had filed their submissions and wanted the court to give a date when it would deliver the ruling.
Mr. Kiambi for the applicant made an oral application for a temporary stay pending delivery of the ruling as the applicant feared that there was a high likelihood of the execution of the judgment in the lower court. He opined that should this happen then this application would be rendered nugatory and be vain.
Mr. Muthomi opposed the oral application. He opined that a formal application should have been made to allow the parties to respond adequately. He also stated that the oral application should not be allowed as the applicant had not appealed but was merely seeking leave to appeal.
I have considered the able submissions of both advocates. I do note that the court's Easter Vacation is starting tomorrow (10. 4.2014). This has the effect of delaying delivery of the apposite ruling. In the circumstances, I grant an order of stay of execution of the Judgment/Decree in Meru CMCC No. 358 of 1998 pending delivery of the ruling concerning the Applicants' application dated 24th March, 2014.
It is so ordered. Costs shall be in the cause.
Delivered in Open Court at Meru this 9th Day of April, 2014 in the presence of:
Cc Daniel
Kiambi h/b Inoti for the applicants
B. Muthomi – present for the Respondent
P. M. NJOROGE
JUDGE