https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8222
The Notice of Motion was unsupported by a competent supporting affidavit because the affidavit did not disclose the application it was meant to support. That defect was incurable and fatal, so the application was struck out.
Source-derived case information.
- Citation
- [2026] KEHC 8222 (KLR)
- Parties
- Appellant: Tabitha Mokaya Moraa; Respondent: Kilonzo Musyoka & Stephen Syanda Kilonzi (Both Suing as Administrators Ad Litem of the Estate of Angellinah Mumbe Syanda and for Dependents); Garnishee: Kenya Commercial Bank Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E818 of 2022
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay of Execution
- Outcome
- Application struck out
- Judges
- ["MS Shariff"]
- Legal Topics
- Stay of Execution, Supporting Affidavit Defect, Incurably Defective Application, Preservation of Status Quo, Competent Affidavit Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tabitha Mokaya Moraa
Appellant
Kilonzo Musyoka & Stephen Syanda Kilonzi (Both Suing as Administrators Ad Litem of the Estate of Angellinah Mumbe Syanda and for Dependents)
Respondent
Kenya Commercial Bank Limited
Garnishee
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Execution
Legal Issues
- 1 Whether the Notice of Motion was supported by a competent supporting affidavit
- 2 Whether the defect in the supporting affidavit rendered the application fatally defective
- 3 Whether stay of execution and preservation of status quo could be granted
Ratio Decidendi
The Notice of Motion was unsupported by a competent supporting affidavit because the affidavit did not disclose the application it was meant to support. That defect was incurable and fatal, so the application was struck out.
Court Disposition
Application struck out
Orders
- The Notice of Motion dated 9 June 2026 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Moraa v Musyoka & another (Both suing as administrators ad litem of the Estate of Angellinah Mumbe Syanda and for Dependents) & another (Civil Appeal E818 of 2022) [2026] KEHC 8222 (KLR) (Civ) (12 June 2026) (Ruling) Neutral citation: [2026] KEHC 8222 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Appeal E818 of 2022 MS Shariff, J June 12, 2026 Between Tabitha Mokaya Moraa Appellant and Kilonzo Musyoka & Stephen Syanda Kilonzi (Both Suing as Administrators Ad Litem of the Estate of Angellinah Mumbe Syanda and for Dependents) Respondent and Kenya Commercial Bank Limited Garnishee Ruling 1.The appellant herein has moved this court vide a Notice of Motion dated 9.6.2026, supported by an affidavit sworn by Tabith Mokaya Moraa on even date. She craves that the status quo ante be preserved and an order of stay of execution be granted against the judgment and decree issued on 15.6.2021 in Milimani CMCC NO 8312 of 2018, until this application is heard and determined and eventually until this appeal is heard and determined. 2.I have perused the supporting affidavit and I do note that the same does not disclose the application that it is intended to support wherefore the appellant’s notice of motion lacks a competent supporting affidavit. 3.In light of the matter aforesaid I do find that the application herein is incurably and fatally defective wherefore I hereby strike it out with no orders as to costs. DELIVERED, SIGNED AND DATED AT MILIMANI THIS 12TH DAY OF JUNE 2026.M. S. SHARIFFJUDGE