[2018] KEHC 3425 (KLR)
The court found that the application for stay of execution pending appeal was urgent and warranted interim relief. The judge certified the matter as urgent and granted a temporary stay of execution of the judgment delivered on 5th June, 2018 in Rent Restriction Tribunal Case No. 2 of 2018. The stay was granted ex...
Source-derived case information.
- Citation
- [2018] KEHC 3425 (KLR)
- Parties
- Applicant: Tobius Oyugi; Respondent: Ismael Nasur Ali
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 58 of 2018
- Procedural Posture
- Criminal Miscellaneous Application / Application for Stay Pending Appeal; Interim Orders
- Outcome
- interim stay of execution granted pending inter partes hearing
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Interim Orders, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tobius Oyugi
Applicant
Ismael Nasur Ali
Respondent
Procedural Posture
Criminal Miscellaneous Application / Application for Stay Pending Appeal; Interim Orders
Legal Issues
- 1 Whether the application for stay of execution pending appeal should be granted ex parte.
- 2 Whether the matter is sufficiently urgent to warrant interim relief.
Ratio Decidendi
The court found that the application for stay of execution pending appeal was urgent and warranted interim relief. The judge certified the matter as urgent and granted a temporary stay of execution of the judgment delivered on 5th June, 2018 in Rent Restriction Tribunal Case No. 2 of 2018. The stay was granted ex parte, pending inter partes hearing of the application. The court directed the applicant to serve the respondent and set the matter for inter partes hearing before the presiding judge during the court recess. The interim orders were to be communicated to both the auctioneers and the respondent to prevent execution before the application could be fully heard.
Court Disposition
interim stay of execution granted pending inter partes hearing
Orders
- The application is certified as urgent.
- The applicant is granted a temporary stay of execution of the judgment delivered on 5th June, 2018 in Rent Restriction Tribunal Case No. 2 of 2018, pending inter partes hearing.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL MISC. APPL. NO. 58 OF 2018
(CORAM: R. E. ABURILI – J)
TOBIUS OYUGI ........................................................ APPLICANT
VERSUS
ISMAEL NASUR ALI .......................................... RESPONDENT
(KISUMU FILE NO. 58 OF 2018 FORWARDED FOR HEARING BY D.R. KISUMU BEFORE VACATION DUTY COURT - SIAYA)
RULING:
I have heard the Appellant/Applicant on the application dated 23. 8.2018. I have considered the Application dated 23. 8.2018. I have considered the Application for stay pending appeal. I am satisfied that the matter is urgent and ought to be heard expeditiously in the first instance.
I certify it as urgent. On the prayer for stay, I note that the Applicant seeks for exparte orders in the first instance.
I direct the Applicant to serve the Respondent with the Application for interpartes hearing on 11. 9.2018 before Hon. Justice F. Ochieng Presiding Judge, Kisumu High Court during the recess.
In the interim, the Applicant shall have a temporary stay of execution order, staying judgment delivered on 5th June, 2018, in Rent Restriction Tribunal Case No. 2 of 2018, until the Application for stay is heard interpartes. Orders to be send on the Auctioneers and Respondent.
Orders accordingly.
Delivered, Dated and Signed this 28th day of August, 2018.
R. E. ABURILI
JUDGE