Pioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] eKLRPioneer General Assurance Society Ltd v Joseph Ndungu t/a Wanjasi Gemstones [2005] KEHC 2319 (KLR)

Facts

The plaintiff filed an application on October 7, 2003, seeking to strike out the defendant's defense and enter judgment in favor of the plaintiff. The defendant moved the court under a Certificate of Urgency, requesting the court to set aside its orders and grant a stay of execution. The defendant claimed that the case was not listed on September 23, 2004, and submitted that the cause lists were different.

Issues

1. Whether the court's order of September 23, 2004, should be set aside due to confusion in the cause lists
2. Whether the court should grant a stay of execution pending the hearing and determination of the application

Reasoning

The court notes that there are two different cause lists for September 23, 2004, and that the defendant's claim of non-listing is supported by the cause list produced by the defendant's counsel. The court finds that it must set aside its order due to these confusions and mistakes in the listing.

Outcome

The court sets aside its order of September 23, 2004, and grants a stay of execution pending the hearing and determination of the application by another judge in the Civil Division.

Authorities cited