[2024] KEELC 4086 (KLR)
The court found that the applicant is required to pay a substantial sum (KES 4.7 million) to the plaintiff and that judgment had already been delivered. Considering the interests of justice and fairness, the court determined that the applicant should be given an opportunity to pursue an appeal without the risk of...
Source-derived case information.
- Citation
- [2024] KEELC 4086 (KLR)
- Parties
- Plaintiff: Windsor Drycleaners Limited; Defendant: Muthaiga Road Trust Company Limited; Defendant: Regent Management Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E132 of 2022
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted for 90 days; costs to the plaintiff.
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Appeal Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Windsor Drycleaners Limited
Plaintiff
Muthaiga Road Trust Company Limited
Defendant
Regent Management Limited
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
- 2 Whether the interests of justice require granting a stay to allow the applicant to pursue an appeal.
Ratio Decidendi
The court found that the applicant is required to pay a substantial sum (KES 4.7 million) to the plaintiff and that judgment had already been delivered. Considering the interests of justice and fairness, the court determined that the applicant should be given an opportunity to pursue an appeal without the risk of execution being levied against them in the interim. The court exercised its discretion to grant a stay of execution of the judgment for a period of 90 days from the date of the ruling, thereby balancing the rights of both parties. Costs were awarded to the plaintiff.
Court Disposition
Stay of execution granted for 90 days; costs to the plaintiff.
Orders
- A stay of execution of the judgment delivered on March 20, 2024 is granted for a period of 90 days from May 16, 2024.
- Costs of the application are awarded to the plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
Windsor Drycleaners Limited v Muthaiga Road Trust Company Limited & another (Environment & Land Case E132 of 2022) [2024] KEELC 4086 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4086 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E132 of 2022
LN Mbugua, J
May 16, 2024
Between
Windsor Drycleaners Limited
Plaintiff
and
Muthaiga Road Trust Company Limited
1st Defendant
Regent Management Limited
2nd Defendant
Ruling
1. I have perused the application as well as the replying affidavit dated 14. 5.2024. I have also take into consideration that the defendant / applicant is required to pay about 4. 7 million to the plaintiff. I have further taken into consideration that judgment was delivered on March 20, 2024. It is only fair and just that the applicant be given an opportunity to pursue his appeal. As such, I grant a stay of execution of the said judgment for a period of 90 days from today. Costs to the plaintiff.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ogembo for Defendant ApplicantGithinji for PlaintiffCourt assistant: Eddel