[2022] KEELC 3074 (KLR)
The court found that the appellant complied with the condition for stay of execution by depositing the required sum of Kshs 500,000 as security. In light of the parties' non-attendance on the scheduled date, the court issued further directions for both parties to attend court on a future date for directions, warning...
Source-derived case information.
- Citation
- [2022] KEELC 3074 (KLR)
- Parties
- Appellant: Nixon Kamaitha Waititu; Respondent: Leornard Kiarie Kinuthia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 013 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Directions and Compliance With Stay Conditions
- Outcome
- Directions issued for parties to attend court; stay of execution remains in force upon compliance with security condition.
- Judges
- PM Njoroge
- Legal Topics
- Stay of Execution, Security for Costs, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nixon Kamaitha Waititu
Appellant
Leornard Kiarie Kinuthia
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Directions and Compliance With Stay Conditions
Legal Issues
- 1 Whether the appellant complied with the condition for stay of execution by depositing Kshs 500,000 as ordered.
- 2 What directions should be issued in light of the parties' non-attendance.
Ratio Decidendi
The court found that the appellant complied with the condition for stay of execution by depositing the required sum of Kshs 500,000 as security. In light of the parties' non-attendance on the scheduled date, the court issued further directions for both parties to attend court on a future date for directions, warning that further non-attendance would not be tolerated. The orders previously issued remain in force, and the matter is set for mention to ensure compliance and progress of the appeal.
Court Disposition
Directions issued for parties to attend court; stay of execution remains in force upon compliance with security condition.
Orders
- Notices to be issued to the parties to attend court for directions on 19th September, 2022.
- Further non-attendance by parties will not be entertained by the court.
Full Case Text
Judgment text and source record
19 paragraphs
Waititu v Kinuthia (Environment and Land Appeal 013 of 2021) [2022] KEELC 3074 (KLR) (30 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3074 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 013 of 2021
PM Njoroge, J
May 30, 2022
Between
Nixon Kamaitha Waititu
Appellant
and
Leornard Kiarie Kinuthia
Respondent
Ruling
1. On 14/3/2022, this court issued the following orders:a.“Prayer for stay of execution is granted pending hearing and determination of the appeal provided that the Applicant will deposit with Court within 30 days of today as deposit the sum of Kenya Shillings Five Hundred Thousand (Kshs 500,000/=) failing wihich the stay granted herein shall automatically lapse.b.Costs shall be in the cause.c.Directions on 30/5/2022.
2. On 30/5/2022 the parties did not come to court.
3. The court file indicates that a sum of Kshs. 500,000/= was paid as security by the Plaintiff on 4th May, 2022.
4. The following orders are issued:a.Notices be issued to the parties for them to come to court for directions on 19th September, 2022. b.Further non-attendance will not be entertained by the court.
WRITTEN AND DELIVERED IN COURT AT ISIOLO ON 30TH MAY, 2022 IN THE PRESENCE OF:Court Assistant – DengeParties AbsentHON. JUSTICE P. M. NJOROGEJUDGE