[2020] KEELC 3443 (KLR)
The court found that the issues raised in the present application were substantially similar to those in Eldoret ELC No. 285 of 2013, involving the same Defendant and similar orders. The court adopted the analysis and findings from that related ruling, holding that the Defendant had demonstrated sufficient cause for...
Source-derived case information.
- Citation
- [2020] KEELC 3443 (KLR)
- Parties
- Plaintiff: Wangare Wanjau; Defendant: County Government of Uasin Gishu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 286 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed with conditions.
- Judges
- SM Kibunja
- Legal Topics
- Stay of Execution, Security for Due Performance, Appeal Process, Decree Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wangare Wanjau
Plaintiff
County Government of Uasin Gishu
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Defendant is entitled to a stay of execution of the decree pending appeal.
- 2 Whether the Defendant should provide security for the due performance of the decree.
- 3 Whether the circumstances justify granting a stay of execution.
Ratio Decidendi
The court found that the issues raised in the present application were substantially similar to those in Eldoret ELC No. 285 of 2013, involving the same Defendant and similar orders. The court adopted the analysis and findings from that related ruling, holding that the Defendant had demonstrated sufficient cause for the grant of a stay of execution pending appeal. However, the stay was made conditional upon the Defendant depositing Kshs. 3,000,000 as security for the due performance of the decree within sixty days in a joint interest-earning account. Failure to comply with this condition would result in the automatic lapse of the stay order. The court further ordered that the costs of the...
Court Disposition
Application for stay of execution allowed with conditions.
Orders
- Stay of execution of the decree issued on 28th February, 2019 is granted for one year pending hearing and determination of the Defendant's appeal, conditional upon the Defendant depositing Kshs. 3,000,000 as security within sixty days in a joint interest-earning account agreed upon by the parties' Counsel.
- In default of deposit, the stay order shall automatically lapse.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT ELDORET
E & L CASE NO. 286 OF 2013
WANGARE WANJAU.............................................................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF UASIN GISHU..............DEFENDANT
RULING
1. The Defendant moved the Court through the Motion dated the 29th March, 2019 and filed on the 16th May, 2019 seeking for stay of execution of the decree issued on the 28th February, 2019 pending the hearing and determination of the appeal. The application is based on the six grounds on its face and supported by the affidavit sworn by Mr. S. K. Lel, the County Attorney, on the 29th March, 2019.
2. The application is opposed by the Plaintiff through her replying affidavit sworn on the 28th May, 2019.
3. The learned Counsel for the Defendant and Plaintiff filed the written submissions dated the 20th November, 2019 and 21st November, 2019 respectively.
4. That the issues in this application is similar to those raised in a similar application of the same date but filed on 10th April, 2019 in Eldoret ELC No. 285 of 2013. That the only differences in that matter and the current one is the reference of the suit land and the Plaintiff. That the Defendant and Counsel for the parties in the two matters are the same. That in both matters their judgments were read on the 21st February, 2019 and the orders granted in favour of the Plaintiffs are more or less the same.
5. That for the reasons set out in (4) above and the similarities in the applications, affidavit evidence and submissions in both matters, the analysis and findings in the ruling in Eldoret ELC No. 285 of 2013 will apply in this ruling.
6. That flowing from the foregoing, the court finds merit in the Defendant’s Motion dated the 29th March, 2019 and filed on the 16th May, 2019 and orders as follows:
(a) That there be a stay of the execution of the decree issued on the 28th February, 2019 arising from the Judgment of 21st February, 2019 for a period of one (1) year pending the hearing and determination of the Defendant’s appeal, on condition that the Defendant do deposits Kshs.3,000,000 (Three Million) as security for the due performance of the decree within sixty (60) days in an interest earning account in a financial institution agreed upon by the parties in the joint names of the parties’ Counsel and in default, the stay order to automatically lapse.
(b) The costs of the application abide the outcome of the appeal.
Orders accordingly.
Dated and signed at Eldoret this 19th day of February, 2020.
S. M. KIBUNJA
JUDGE
Ruling read in open court in the presence of:
Mr. Mathai Advocate for Plaintiff.
Mr. Odhiambo Advocate for Defendant.
Court Assistant: Christine