Joseph Kaburu v M’Ithinji M’Mburugu [2005] KEHC 2457 (KLR)

Facts

The plaintiff/applicant, Joseph Kaburu, seeks a stay of all proceedings and execution of the defendant/respondent's counterclaim until his intended appeal to the Court of Appeal is heard and determined. The defendant/respondent, M’Ithinji M’Mburugu, opposes the application, arguing that the plaintiff/applicant has already been given an alternative parcel of land to settle in.

Issues

1. Whether the plaintiff/applicant has satisfied the conditions of Order 41 Rule 4 for the granting of stay
2. Whether the plaintiff/applicant has come to court with clean hands

Reasoning

The court finds no merit in the application as the plaintiff/applicant has not come to court with clean hands and the loss he may suffer if the orders are not granted would fall at his own feet.

Outcome

Application dismissed

Authorities cited