M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased) [2021] KECA 152 (KLR)

M’Njogu & 7 others v Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased) (Civil Application E061 of 2021) [2021] KECA 152 (KLR) (Environment and Land) (10 November 2021) (Ruling)

Neutral citation number: [2021] KECA 152 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Application E061 of 2021

DK Musinga, J Mohammed & HM Okwengu, JJA

November 10, 2021

Between

Julius Mworia M’Njogu

1st Applicant

M’Marete M’Witari

2nd Applicant

Paul Muriira M’Njogu

3rd Applicant

Julius Mwiti

4th Applicant

John Muthomi

5th Applicant

Daniel Mutua Mugwika

6th Applicant

Kijuki Kaiga

7th Applicant

Karemu M’Ituamikwa

8th Applicant

and

Grace Karwirwa sued as the administrator of the late Gerald Mwangi Mugo (Deceased)

Respondent

(An application for stay of execution of the Decree by (L.N. Mbugua ELC. J.) dated 21st July, 2021)

Ruling

1The respondent’s learned Counsel, Mr. Ndubi, has sought time to put in written submissions and a replying affidavit. He has told the Court that he was served with the hearing notice only yesterday. He requires about 14 days to file his papers. The applicant’s learned counsel, Mr. Mwarania, has no objection to that application but prays that the application that is scheduled to be heard before the trial court on 15. 11. 2021 that caused this application to be listed for hearing today be stayed.

2We have considered the respondent’s application and think that it is reasonable. In the circumstances, we adjourn the hearing of this application and make the following orders:1. The respondent is hereby granted leave to file and serve written submissions and replying affidavit to the applicant’s application within 14 days from today.2. Pending the hearing and determination of this application, there shall be interim stay of the eviction proceedings that are pending before the trial court.3. Upon the filing of the replying affidavit and the submissions by the respondent, this application shall be set down for hearing on priority basis. 4. Today’s costs shall be in the cause.

DATED AT NAIROBI THIS 10TH DAY OF NOVEMBER, 2021D. K. MUSINGA, (P)…………………………………JUDGE OF APPEALHANNAH OKWENGU…………………………………JUDGE OF APPEALJ. MOHAMMED………………………………….JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR