Please Wait. Searching ...
|Case Number:||Civil Appeal 21 of 2005|
|Parties:||JOHANA CHEPKURUI KIBIWOT v MICAH CHEBOI KIBIWOT|
|Date Delivered:||02 Dec 2009|
|Court:||High Court at Eldoret|
|Judge(s):||Philomena Mbete Mwilu|
|Citation:||JOHANA CHEPKURUI KIBIWOT v MICAH CHEBOI KIBIWOT  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
Civil Appeal 21 of 2005
JOHANA CHEPKURUI KIBIWOT
ALIAS JOHANA A. CHEPKURUI:…………APPELLANT
MICAH CHEBOI KIBIWOT:……………..RESPONDENT
The Appellant has filed a Notice of Motion under Order XLI Rule 4(1) of the Civil Procedure Rules and Sections 3 and 3A of the Civil Procedure Act cap 21 of the Laws of Kenya praying for stay of execution of the judgment given on 17/11/2006 and decrees issued on 17/11/2006 and 1/12/2006 pending the hearing and determination of Civil appeal No.21 of 2005. He also prays for the consolidation of that Appeal with Appeal No.27 of 2007. He bases his application on the grounds that stay of execution was denied by the lower court for being sought prematurely. That if execution ensues the appeal will be rendered nugatory. The application is supported by the affidavit of the applicant.
The application was opposed on the grounds that no substantial loss was shown to be occasioned to the applicant if stay was not granted and secondly that the correct procedure in pursuing the right relief was not followed as the applicant had not appealed to the Provincial Appeals Board after losing at the land Disputes Tribunal.
The application seeks stay of execution of the elder’s Award which was adopted as a court’s judgment in RM.CC.NO.1344/2004 and for the consolidation of the two Appeals filed herein. The subject matter of the Appeals is the parcel of land known as Sambirir/Sambirir/69 and the parties in both Appeals are the same. That empowers this to court to consolidate the two Appeals for purposes of hearing. Appeal nos.21/2005 and 27/2007 are consequently ordered consolidated. And so that the appeals may be heard on their merit and further that they be not rendered nugatory the temporary stay granted herein on 20th April 2007 is hereby extended and shall subsist until the appeals filed herein are heard and determined. Costs shall abide in the appeals. Orders accordingly.
DATED AND DELIVERED AT ELDORET THIS 2ND DAY OF DECEMBER, 2009.
IN THE PRESENCE OF
Mr. Kiboi holding brief for Chemitei for the Respondent
N/A for the Applicant
Court Clerk - Paul Ekitela.