[2001] KECA 271 (KLR)
The Court of Appeal exercised its discretion to adjourn the hearing of the application for stay of execution because the respondent's counsel was ill and the applicant's counsel did not oppose the adjournment. To preserve the status quo and prevent prejudice, the court ordered a stay of execution of the decree in...
Source-derived case information.
- Citation
- [2001] KECA 271 (KLR)
- Parties
- Applicant: United Insurance Co. Ltd; Respondent: Stephen Ngare Nyamboki
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 295 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Hearing
- Outcome
- Application for adjournment allowed; stay of execution granted pending hearing and determination of the application.
- Legal Topics
- Stay of Execution, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Insurance Co. Ltd
Applicant
Stephen Ngare Nyamboki
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Hearing
Legal Issues
- 1 Whether the hearing of the application for stay of execution should be adjourned due to the illness of counsel for the respondent.
- 2 Whether a stay of execution should be granted pending the hearing and determination of the application.
Ratio Decidendi
The Court of Appeal exercised its discretion to adjourn the hearing of the application for stay of execution because the respondent's counsel was ill and the applicant's counsel did not oppose the adjournment. To preserve the status quo and prevent prejudice, the court ordered a stay of execution of the decree in Kisii H.C.C.C. No. 45 of 2000 in all aspects until the hearing and determination of the application. The court further directed that the parties are at liberty to take another hearing date at the registry convenient to both the court and the advocates.
Court Disposition
Application for adjournment allowed; stay of execution granted pending hearing and determination of the application.
Orders
- The application is stood over generally and removed from today's hearing list.
- The parties are at liberty to take another date at the registry convenient to the court and the parties' advocates.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: SHAH, OWUOR & O'KUBASU, JJ.A.) CIVIL APPLICATION NO. NAI. 295 OF 2001 (160/2001 UR)
BETWEEN
UNITED INSURANCE CO. LTD ...................................APPLICANT
AND
STEPHEN NGARE NYAMBOKI ................................RESPONDENT
(Application for stay of execution from the Order of the High Court of Kenya at Kisii (Honourable Justice Wambiliangah) dated 30th May, 2001 on the application dated 12th March, 2001
in
H.C.C.C. NO. 45 OF 2000) *************
ORDER OF THE COURT
As Mr. Okoth has been taken ill and as Mr. Kinyanjui for the applicant does not oppose the application for adjournment of the hearing of this application, the same is taken out of to-day's hearing list and stood over generally. The parties are at liberty to take another date at the registry convenient to Court and the parties' advocates.
The execution of the decree in Kisii H.C.C.C. NO. 45 of 2000 is stayed in all aspects until the hearing and determination of this application.
Made at Nairobi this 30th day of August, 2001.
A.B.SHAH ........................ JUDGE OF APPEAL
E.OWUOR ...................... JUDGE OF APPEAL
E.O'KUBASU ..................... JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR