Njoroge v Ongicho p/a Ongicho and Company Advocates (Miscellaneous Application 148 of 2019) [2022] KEELRC 13016 (KLR) (27 October 2022) (Ruling)

Facts

The applicant/respondent failed to pay a decretal sum of Kshs 2,980,000 to the applicant/respondent despite the same being paid into the applicant’s account. The applicant/respondent was granted a stay of execution but did not file an appeal. The applicant/respondent also failed to respond to applications for execution of judgment and decree by committal to jail.

Issues

1. Admit new advocates
2. Stay orders
3. Set aside previous orders
4. Allow the applicant to file responses and be heard on merit

Reasoning

The court finds the applicant in willful default to satisfy payment of the decretal sum and is in contempt of the orders of the trial court. The judgment is not subject to any stay orders or pending appeal.

Outcome

Dismissed with costs

Authorities cited