[2015] KECA 47 (KLR)
The Court, upon being informed by counsel for both parties that they had reached a consent, ordered by consent that the status quo be maintained pending the hearing and determination of Kisumu Civil Appeal No. 4 of 2015. The respondent was restrained from selling, parting with possession, transferring, or charging...
Source-derived case information.
- Citation
- [2015] KECA 47 (KLR)
- Parties
- Applicant: Wallace Kipyegon Chamdany; Respondent: David Kipyegon Chepkwony
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 2 of 2015
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application allowed by consent; status quo maintained; stay of execution granted; costs in the appeal.
- Judges
- S ole Kantai
- Legal Topics
- Stay of Execution, Status Quo Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wallace Kipyegon Chamdany
Applicant
David Kipyegon Chepkwony
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending the hearing and determination of Kisumu Civil Appeal No. 4 of 2015.
- 2 Whether the respondent should be restrained from dealing with the suit property pending appeal.
- 3 Whether the recovery of damages awarded against the appellant should be stayed.
Ratio Decidendi
The Court, upon being informed by counsel for both parties that they had reached a consent, ordered by consent that the status quo be maintained pending the hearing and determination of Kisumu Civil Appeal No. 4 of 2015. The respondent was restrained from selling, parting with possession, transferring, or charging the suit property, and there was a stay of execution to recover damages awarded against the appellant. The orders were made to preserve the subject matter of the appeal and ensure that the appeal, if successful, would not be rendered nugatory. Costs of the application were ordered to be in the appeal.
Court Disposition
Application allowed by consent; status quo maintained; stay of execution granted; costs in the appeal.
Orders
- Status quo obtaining now be maintained pending the hearing and determination of Kisumu Civil Appeal No. 4 of 2015.
- The respondent is restrained from selling, parting with possession, transferring or charging the suit property pending the hearing and determination of the said appeal.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM : MARAGA, AZANGALALA & KANTAI. JJ.A.)
CIVIL APPLICATION NO. 2 OF 2015 (UR 1 OF 2015)
BETWEEN
WALLACE KIPYEGON CHAMDANY ............................................ APPLICANT
AND
DAVID KIPYEGON CHEPKWONY .............................................RESPONDENT
(An Application for stay of execution under Rule 5 (2) (b) of the Court of Appeal Rules pending hearing & determination of Kisumu Civil Appeal No.4 of 2015 from the Judgment & Decree of the of the High Court of Kenya at Kericho ( Waithaka J.) dated 9th December, 2014
HCCC. NO. 27 OF 2011
************************
ORDER OF THE COURT
Upon this application coming up for hearing this morning, learned counsel for the parties inform us that they have a consent in the following terms:
By consent of the parties, herein the status quo obtaining now be maintained pending the hearing and determination of Kisumu Civil Appeal No. 4 of 2015.
The respondent is restrained from selling, parting with possession, transferring or charging the suit property pending the hearing and determination of the said appeal No.4 of 2015.
It is further agreed by consent that there be a stay of execution to recover damages awarded against the appellant.
Costs of the application be in the appeal.
MADE AT KISUMU THIS 4TH DAY OF MARCH, 2015
D.K.MARAGA
………………………..
JUDGE OF APPEAL
F. AZANGALALA
………………………….
JUDGE OF APPEAL
S. ole KANTAI
………………………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR