Korio & another v Korinko & 6 others (Petition E005 of 2024) [2025] KEELC 2866 (KLR) (27 March 2025) (Ruling)

Summary at a glance

Facts

The 1st and 2nd Petitioners filed a petition seeking to set aside the ruling of the court dated 29th January 2025. The 1st Respondent filed a Notice of Appeal against the ruling. The 1st Applicant filed a Notice of Motion application seeking a stay of execution of the ruling and further proceedings pending the hearing and determination of the substantive appeal.

Issues

• Whether the application for stay of execution of the ruling is merited
• Whether a stay of execution can issue in respect of a negative order

Reasoning

The court dismissed an application filed by the petitioner/applicant on 29th January 2025. The current application for stay of execution is not merited as a dismissal is a negative order and stay orders cannot issue in respect of negative orders. The court also dismissed the application for stay of proceedings as it is a grave judicial action that seriously interferes with the right to conduct litigation.

Outcome

Dismissed

Orders

• Application for stay of execution and stay of proceedings dismissed

Authorities cited