[2025] KEHC 9972 (KLR)

[2025] KEHC 9972 (KLR)

The court found that the Applicant had provided a reasonable and uncontroverted explanation for the delay in filing the Notice of Appeal, namely, the late uploading of the judgment to the E-filing portal. Applying the principles from the Appellate Jurisdiction Act and relevant case law, the court exercised its discretion to extend time, deeming the Notice of Appeal as properly filed. On the issue of stay of execution, the court held that the Applicant met the conditions under Order 42 Rule 6 of the Civil Procedure Rules, as the Respondent could proceed to tax costs and execute, potentially causing substantial loss. The court concluded that it was just to grant a stay of execution of the...

Citation
[2025] KEHC 9972 (KLR)
Parties
Appellant: Dr Selina Vukinu Ambe; Respondent: Monique Mwaniga Mukayagi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
11 July 2025
Case Number
Civil Appeal E556 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time and Stay of Execution
Outcome
Application allowed in part.
Judges
AC Mrima
Legal Topics
Extension of Time, Stay of Execution, Notice of Appeal, Appellate Jurisdiction, Costs Award
Source Language
English
Civil Procedure Extension of Time Stay of Execution Notice of Appeal Appellate Jurisdiction Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Dr Selina Vukinu Ambe

Appellant

Monique Mwaniga Mukayagi

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

  1. 1 Whether the Applicant has met the threshold for extension of time to appeal out of time.
  2. 2 Whether the Applicant has met the threshold for grant of stay of execution.

Ratio Decidendi

The court found that the Applicant had provided a reasonable and uncontroverted explanation for the delay in filing the Notice of Appeal, namely, the late uploading of the judgment to the E-filing portal. Applying the principles from the Appellate Jurisdiction Act and relevant case law, the court exercised its discretion to extend time, deeming the Notice of Appeal as properly filed. On the issue of stay of execution, the court held that the Applicant met the conditions under Order 42 Rule 6 of the Civil Procedure Rules, as the Respondent could proceed to tax costs and execute, potentially causing substantial loss. The court concluded that it was just to grant a stay of execution of the...

Court Disposition

Application allowed in part.

Orders

  • The Notice of Appeal dated 5th March 2025 is deemed to have been filed with leave of the court.
  • There is a stay of execution of the costs awarded to the Respondent pending the outcome of the appeal before the Court of Appeal.