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Court of AppealOtherCivil Application No. NAI 1 of 2001 (KSM. 1/2001)

Obedi Maina & 5 others v Peter Wachira & 5 others [2001] KECA 52 (KLR)

Court of Appeal of Kenya
20 March 2001
JGJ. E. GicheruPhilip Kiptoo TunoiP. K. TunoiEOE. Owuor
173 words in judgment
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The bottom line

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Eleven applicants abandoned their bid to pause enforcement of a Kitale High Court order, and the Court of Appeal made them pay the Council's legal costs.

What this practically means

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Executive summary

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This document is not a reasoned judgment but a one-sentence order of the Court of Appeal at Kisumu, made on 20 March 2001 by Gicheru, Tunoi and Owuor JJ.A. It disposes of Civil Application No. NAI 1 of 2001 (KSM 1/2001), by which eleven applicants, led by Obedi Maina, sought a stay of execution pending the hearing of an intended appeal against a ruling and order of the High Court of Kenya at Kitale (Nambuye J) dated 21 December 2000 in H.C.C.S. No. 103 of 2000; the respondent is the Kitale Municipal Council. No submissions were received and no issue was determined. Counsel for the applicants wished to withdraw the application, counsel for the respondent raised no objection, and the court recorded the withdrawal, ordering that the application be withdrawn with costs to the respondent. The order contains no holdings, no binding propositions, no citation of any authority or statutory provision, and no separate opinions; it is the unanimous order of the full bench of three Judges of Appeal. The High Court's ruling was neither affirmed, varied nor set aside; it was left untouched, and the intended appeal itself was not before the court. For practitioners the file is of value only as a record of disposal: the applicants abandoned their pursuit of an interlocutory stay and bear the respondent's costs of the application. No precedent arises from the order, and it should not be cited for any proposition of law; its only operative effect is the withdrawal of the stay application and the award of costs of that application to the respondent.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The application for stay of execution pending hearing of the intended appeal is withdrawn.
    2. 2.The applicants to pay the costs of the application to the respondent, Kitale Municipal Council.

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    JG
    majority
    Philip Kiptoo Tunoi
    majority
    EO
    majority
    On appeal from
    High Court of Kenya at Kitale
    H.C.C.S. No. 103 of 2000
    Jurisdiction invoked
    Not stated in the order. The application was for stay of execution pending hearing of an intended appeal to the Court of Appeal, but no constitutional or statutory provision is cited in the document.

    Relief refused

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    Stay of execution pending hearing of the intended appeal from the ruling and order of Nambuye J dated 21 December 2000 in H.C.C.S. No. 103 of 2000

    The stay was neither granted nor refused on the merits; counsel for the applicants withdrew the application before it was heard, counsel for the respondent raised no objection, and the relief sought lapsed with the withdrawal.

    p. 2

    Costs

    The application is withdrawn with costs to the respondent (costs of the application awarded to Kitale Municipal Council).

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    Counsel for the applicants wishes to withdraw this application and as counsel for the respondent has no objection to the said withdrawal the said application is withdrawn with costs to the respondent.
    p. 2Final order of the court - withdrawal of the stay application with costs to the respondent
    Application for stay of execution pending hearing of intended appeal from a ruling & order of the High Court of Kenya at Kitale (Nambuye J) dated 21st December, 2000
    p. 2Nature of the application before the court

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Later judgments citing this (25)

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    Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

    Cite this brief

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    Cite this brief

    Caselaw, "Obedi Maina & 5 others v Peter Wachira & 5 others [2001] KECA 52 (KLR)", Case Analysis (2001). Civil Application No. NAI 1 of 2001 (KSM. 1/2001). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/52/eng@2001-03-20

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.