[2024] KEHC 11158 (KLR)
The High Court, sitting as an appellate court, lacks jurisdiction to review, vacate, or set aside a judgment issued by the Small Claims Court; such powers are reserved for the trial court. The only recourse available at this stage is to hear the appeal. Furthermore, the application did not demonstrate sufficient...
Source-derived case information.
- Citation
- [2024] KEHC 11158 (KLR)
- Parties
- Applicant: Peter Ochieng Ajong’o; Respondent: Otieno Kevin Ajinja; Respondent: Erick Otieno Owino
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E036 of 2024
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Application for certification as urgent declined; directions for interpartes hearing issued.
- Judges
- RE Aburili
- Legal Topics
- Stay of Judgment, Review of Judgment, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ochieng Ajong’o
Applicant
Otieno Kevin Ajinja
Respondent
Erick Otieno Owino
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the High Court can grant a review, vacation, or setting aside of a judgment delivered by the Small Claims Court.
- 2 Whether the application for stay of judgment and decree is urgent and warrants certification as such.
Ratio Decidendi
The High Court, sitting as an appellate court, lacks jurisdiction to review, vacate, or set aside a judgment issued by the Small Claims Court; such powers are reserved for the trial court. The only recourse available at this stage is to hear the appeal. Furthermore, the application did not demonstrate sufficient urgency to warrant certification as urgent. The court therefore declined to certify the application as urgent and directed that the respondents be served for interpartes directions on a future date.
Court Disposition
Application for certification as urgent declined; directions for interpartes hearing issued.
Orders
- Application is not certified as urgent.
- Applicant to serve the respondents for interpartes directions on 16th October 2024.
Full Case Text
Judgment text and source record
23 paragraphs
Ajong’o v Ajinja & another (Civil Appeal E036 of 2024) [2024] KEHC 11158 (KLR) (25 September 2024) (Directions)
Neutral citation: [2024] KEHC 11158 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E036 of 2024
RE Aburili, J
September 25, 2024
Between
Peter Ochieng Ajong’o
Applicant
and
Otieno Kevin Ajinja
1st Respondent
Erick Otieno Owino
2nd Respondent
Directions
1. I have perused the Notice of Motion dated 4th July 2024 filed under Certificate of urgency.
2. I observe that Prayer 1 of the Motion seeks for stay of Judgment and decree of 3rd June 2024 pending interpartes hearing whereas Prayer 2 seeks for review, vacation or setting aside of the Judgment of 3rd June 2024.
3. Obviously, the Prayer No. 2 is incapable of being issued by this court, not being the trial court in the matter appealed from the Small Claims court.
4. This court can only handle an appeal and not review the Judgment.
5. Accordingly, I find the application devoid of any urgency. I decline to certify it as urgent. I direct the Applicant to serve the Respondent for interpartes directions on 16th October 2024.
6. The Applicant’s counsel to be notified forthwith.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE