Gabriel G Odhiambo v Wilson Chepkwony [2020] KEELC 2181 (KLR) | Stay Of Execution | Esheria

Gabriel G Odhiambo v Wilson Chepkwony [2020] KEELC 2181 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

ELC APPEAL NO. 1 OF 2018

GABRIEL G. ODHIAMBO.................................................................RESPONDENT

VERSUS

WILSON CHEPKWONY........................................................................APPLICANT

RULING

1. The applicant filed a motion dated 20/11/2019 and filed in court on 22/11/2019 seeking the following orders:

(a)   …spent

(b)   …spent

(c)   That there be stay of execution of the judgment of this court in Kitale HC Appeal No. 1 of 2018 delivered on 30/9/2019 and all its consequential orders pending the hearing and determination of the appeal.

(d)   Costs be in the cause.

2. The grounds upon which the application is sought are that the applicant being aggrieved and dissatisfied with the judgment of the court there is need for an order of stay of execution of the decree/judgment pending the hearing and determination of the appeal; that unless the orders of stay of execution are granted, the said appeal will be rendered nugatory; that the applicant’s appeal has very high chance of success and that it is just and expedient that this application be allowed as prayed.

3. The application is brought under the provisions of Section 3A and 34 of the Civil Procedure Act, Orders 45 Rule 6(1) and Order 9 Rule 10 of the Civil Procedure Rules.

4. The application is supported by the sworn affidavit of the applicant dated 20/11/2019.

5. On 3/12/2019 this court ordered submissions to be filed in the matter and scheduled for a mention on 30/1/2020. The respondent file submissions on 9/1/2020. The applicant did not file any submissions.

6. There having no other mode provided for disposal of the application dated 20/11/2019 I find that the said application has not been prosecuted and I hereby dismiss it for want of prosecution.

Dated, signedanddelivered via TeleconferenceatNairobi on this 7th day of  May, 2020.

MWANGI NJOROGE

JUDGE

Ruling read in the absence of the parties who had been notified and invited to attend.

MWANGI NJOROGE

JUDGE