Kirui v Cherotich [2025] KEHC 5394 (KLR) | Stay Of Execution | Esheria

Kirui v Cherotich [2025] KEHC 5394 (KLR)

Full Case Text

Kirui v Cherotich (Family Appeal E018 of 2024) [2025] KEHC 5394 (KLR) (29 April 2025) (Ruling)

Neutral citation: [2025] KEHC 5394 (KLR)

Republic of Kenya

In the High Court at Nakuru

Family Appeal E018 of 2024

SM Mohochi, J

April 29, 2025

Between

Dominic Kipchumba Kirui

Appellant

and

Marcellar Cherotich

Respondent

Ruling

1. I have considered the Return of Service dated 13th December, 2024 noting that the Respondent was duly served and failed to enter appearance or defend the motion.

2. This Court accordingly allows the motion dated 28th November, 2024 on the following terms:i.An order of stay against execution of judgment decree is hereby issued pending hearing and determination of the appeal.ii.The costs of the suit shall be in the cause.iii.The Appellant shall take steps to place the Appeal for admission and directions for hearing within 60 days from today.iv.Mention for compliance shall be on 24th July, 2025.

RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 29TH DAY OF APRIL, 2025MOHOCHI. S. M.JUDGE