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ELCPartially AllowedNot stated in the excerpt (Notice of Motion dated 30th November 2020, Chuka High Court)· [2020] KEELC 479 (KLR)
Morris Kiruja Mpungu & another v Margret Ngiri Muchiri & another [2020] KEELC 479 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#A Kenyan court temporarily blocked eviction from family land, but only after the appellants deposited Kshs. 800,000 as security while their appeal proceeds.
What this practically means
#Executive summary
#This is a ruling delivered on 2nd December 2020 by P.M. Njoroge, Judge, High Court of Kenya at Chuka, on a Notice of Motion dated 30th November 2020 brought by Genesio Kiraithe Mpungu and another under Order 42 Rule 6 and Order 22 Rule 22 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act. The applicants sought urgent, permanent and, in the alternative, temporary stay of execution of the judgment and decree dated 17th November 2020 by which Justice P.M. Njoroge dismissed their claim to 2.80 acres comprised in L.R. Number Muthambi/Erega/204 with costs. They intended to appeal to the Court of Appeal, had filed a Notice of Appeal and requested typed proceedings, and alleged they had been served with a letter dated 17th November 2020 demanding that they vacate the land, which they said had been their home for 46 years, within 14 days. The application was supported by the affidavit of the 2nd applicant, who offered to deposit security in a joint interest-earning account and asserted an arguable appeal, absence of unreasonable delay and no uncompensatable prejudice to the respondents. When the application came for ex parte hearing on 2nd December 2020, Mr. Mutegi for the applicants pressed prayer 2 and offered a security deposit. The court denied prayer 3 for permanent stay pending inter partes hearing but, in the greater interest of justice, granted a temporary conditional stay on condition that the applicants deposit Kshs. 800,000 with the court as security within 14 days, failing which the stay would automatically lapse. The court ordered service on the respondents within 7 days and fixed inter partes hearing for 16th December 2020. No costs order was made.
Key legal issues
#01
Whether to grant stay of execution of the judgment dated 17.11.2020 pending the intended appeal
Holding
Permanent stay was denied; a temporary conditional stay was granted upon the applicant depositing security of Kshs. 800,000 within 14 days, failing which the stay lapses automatically
Reasoning
The court considered the pleadings and submissions of the applicants' advocate, who urged urgency on the basis of a threatened immediate eviction and offered a deposit for security. Balancing the interests of justice at the ex parte stage, the court granted only temporary, conditional relief rather than the permanent stay sought, and directed service and an inter partes hearing.
p. 3
Legal principles established
#- A temporary stay of execution may be granted at the ex parte stage conditioned on the applicant depositing security, with the stay lapsing automatically if the condition is not met
Court orders
#- 1.Prayer 3 for permanent stay of execution pending inter partes hearing denied
- 2.Temporary conditional stay of execution granted in the greater interest of justice
- 3.Applicant to deposit with the court security of Kshs. 800,000 within 14 days, failing which the conditional stay automatically lapses
- 4.Application to be properly served upon the respondents within 7 days
- 5.Inter partes hearing of the application set for 16/12/2020
- Jurisdiction invoked
- Order 42, Rule 6 and Order 22, Rule 22 of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act (stay of execution pending intended appeal to the Court of Appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Morris Kiruja Mpungu & another v Margret Ngiri Muchiri & another [2020] KEELC 479 (KLR)", Case Analysis (2020). Not stated in the excerpt (Notice of Motion dated 30th November 2020, Chuka High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/479/eng@2020-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.