Sheikh v Ongari (Miscellaneous Civil Application 209 of 2025) [2026] KEHC 5271 (KLR) (24 April 2026) (Ruling)

Sheikh v Ongari (Miscellaneous Civil Application 209 of 2025) [2026] KEHC 5271 (KLR) (24 April 2026) (Ruling)

Applicant failed to demonstrate good and sufficient cause for delay as evidence shows counsel was notified of judgment delivery; therefore, court cannot exercise discretion to extend time or grant stay.

Source-derived case information.

Citation
[2026] KEHC 5271 (KLR)
Parties
Applicant: Abdi Rashid Sheikh; Respondent: Dalmas Onyancha Ongari
Court
High Court
Jurisdiction
Kenya
Judgment Date
24 April 2026
Case Number
Miscellaneous Civil Application 209 of 2025
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Outcome
Application dismissed with costs to the respondent.
Legal Topics
Stay of Execution, Leave to Appeal Out of Time, Extension of Time, Judgment Delivery, Appeals From Subordinate Courts
Source Language
english
Civil Procedure Stay of Execution Leave to Appeal Out of Time Extension of Time Judgment Delivery Appeals From Subordinate Courts

Source-derived case record

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Parties

Abdi Rashid Sheikh

Applicant

Dalmas Onyancha Ongari

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant has demonstrated good and sufficient cause for delay in filing appeal
  2. 2 Whether stay of execution should be granted pending appeal
  3. 3 Whether leave to appeal out of time should be granted

Ratio Decidendi

Applicant failed to demonstrate good and sufficient cause for delay as evidence shows counsel was notified of judgment delivery; therefore, court cannot exercise discretion to extend time or grant stay.

Court Disposition

Application dismissed with costs to the respondent.

Orders

  • Application dismissed
  • Costs awarded to respondent