Murage v Soft White Beach Limited & 5 others
The bottom line
#The Court of Appeal approved the draft order as drawn and confirmed that a pending review application does not suspend orders already granted.
What this practically means
#Executive summary
#Key legal issues
#Settlement of terms of a draft order under Rule 34(2)(d)
The draft order as drawn was clear, reproduced the wording of the granted prayers, and accurately reflected the Court's decision, and was therefore approved as drawn
The single Judge compared the draft order against the terms of the ruling of 29th January 2021, which had allowed the Applicant's Notice of Motion dated 26th October 2020 and granted prayers 4, 5 and 6. Finding the draft reproduced those prayers accurately, the Judge exercised the Rule 34(2)(d) power to settle the order by approving it as drawn.
Effect of a pending review application on orders already granted
A pending application for review and setting aside has no effect on orders already granted; they remain valid and binding unless and until stayed, varied or set aside by a court of competent jurisdiction
The 2nd and 3rd Respondents argued that settlement should be suspended because their application dated 29th January 2021 seeking to stay, review and set aside the orders was pending. The Judge held that such a pending application does not, of itself, suspend the operation of the orders, and that if the review succeeds, the successful party can then draft appropriate orders for approval.
Legal principles established
#- Where parties do not agree on the form of an order, or a draft order prepared by a successful party is not approved by the other party, the order may be settled by a single Judge of the Court of Appeal
- A pending application for review or setting aside of orders does not suspend or invalidate those orders; they remain valid and binding unless and until stayed, varied or set aside by a court of competent jurisdiction
Court orders
#- 1.The draft orders dated 29th January 2021 extracted by the Applicant are approved as drawn
- 2.No order as to the costs of this application
- On appeal from
- Court of Appeal
- Civil Application E010 of 2020 (Ruling of 29th January 2021)
- Jurisdiction invoked
- Rule 34(2)(d) of the Court of Appeal Rules, 2010 - settlement of orders by a single Judge where parties do not agree on the form of an order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murage v Soft White Beach Limited & 5 others", Case Analysis (2022). Civil Application E010 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/527/eng@2022-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.