Ruling in Geoffrey G. Mutuura Vs Royal group industries ltd HCA No. E239 of 2026 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU HIGH COURT CIVIL APPEAL NO. E239 OF 2026 GEOFFREY GICHURA MUTUURA……………..APPLICANT /APPELLANT - VERSUS ROYAL GROUP INDUSTRIES LIMITED……………………..RESPONDENT RULING 1. On the 14th May 2024 in Nakuru Civil Appeal No. 70 of 2023 dismissed two Notice of Motion Applications filed by the Appellant/Applicant dated 2nd November, 2023 and 24th November, 2023 both for stay of execution of judgment decree flowing from the judgement delivered on 3rd April 2023 in Nakuru Civil Suit No. 626 of 2020. 2. When the Applicant was subjected to a notice to show cause why he should not be held in civil jail in execution and he failed and or ignored to show cause and an order committing him to civil jail was accordingly made by the Deputy Registrar on the 12 th September 2025. Page 1 of 3
page 1 of 3
Ruling in Geoffrey G. Mutuura Vs Royal group industries ltd HCA No. E239 of 2026 3. The Decision of the Deputy Registrar was an equitable discretionary relief that now the Applicant seeks to challenge on Appeal and hence seeking stay order. 4. Staying the Ruling committing the Applicant to Civil jail shall in the umpteenth time stay the execution of judgment decree for a very obvious debt that the Applicant incurred and two years ago stood at kshs 6,700,000/- which is still accumulating. 5. The Appeal for all intents and practice is an Interlocutory Appeal. 6. The Applicant has been seeking equitable reliefs without success for failing to satisfy conditions for grant and has repeatedly been referred to as a litigant deliberately utilizing litigation to drag and frustrate the respondent. The Court of equity cannot be the bastion for refuge; the Applicant has unclean hands and deserves no equitable relief. 7. The Applicant blatantly and deliberately contravenes the doctrine of res judicata. 8. I have considered the Application and the response in opposition and I find that the Applicant has failed to persuade this Court that he has satisfied the principles for grant of an Orders of Stay. 9. The Applicant could not overcome the Res-judicata contravention obstacle. Page 2 of 3
page 2 of 3
Ruling in Geoffrey G. Mutuura Vs Royal group industries ltd HCA No. E239 of 2026 10. The Application dated 24th September 2025 is an abuse of the process of Court, bereft of any merit and therefore is dismissed with costs to the Respondent 11. The Appellant shall within the next sixty (60) days set-down the interlocutory Appeal for Admission, hearing and disposal. It is so Ordered. Signed, Dated and Delivered at Nakuru on this 22nd Day of May 2026. __________________________ Mohochi S. M. JUDGE Page 3 of 3
page 3 of 3