[2025] KEHC 10136 (KLR)

[2025] KEHC 10136 (KLR)

The court found that the applicant filed the memorandum of appeal within the statutory thirty-day period as required by section 79G of the Civil Procedure Act. The judgment was delivered on 30th May 2024, and the appeal was filed on 11th June 2024 at the Nakuru High Court before being transferred to Naivasha High...

Source-derived case information.

Citation
[2025] KEHC 10136 (KLR)
Parties
Applicant: Justine Orenge Anchinga; Respondent: Moses Ndungu Ndiangui
Court
High Court
Court Station
High Court at Naivasha
Jurisdiction
Kenya
Judgment Date
11 June 2025
Case Number
Civil Appeal E128 of 2024
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection and Application for Stay of Execution
Outcome
Preliminary objection dismissed; application for stay of execution to proceed to hearing.
Judges
GL Nzioka
Legal Topics
Appeals From Subordinate Courts, Stay of Execution, Limitation Periods, Motor Vehicle Accidents
Source Language
english
Civil Procedure Tort Law Appeals From Subordinate Courts Stay of Execution Limitation Periods Motor Vehicle Accidents

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Parties

Justine Orenge Anchinga

Applicant

Moses Ndungu Ndiangui

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection and Application for Stay of Execution

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the appeal in light of the alleged late filing under section 79G of the Civil Procedure Act.
  2. 2 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
  3. 3 Whether the preliminary objection raised by the respondent meets the threshold for a preliminary objection.

Ratio Decidendi

The court found that the applicant filed the memorandum of appeal within the statutory thirty-day period as required by section 79G of the Civil Procedure Act. The judgment was delivered on 30th May 2024, and the appeal was filed on 11th June 2024 at the Nakuru High Court before being transferred to Naivasha High Court. The respondent's preliminary objection, which alleged lack of jurisdiction due to late filing and failure to seek leave, was therefore unfounded. The court reiterated that a preliminary objection must be based on a pure point of law and, in this case, the facts demonstrated compliance with the statutory timeline. Consequently, the preliminary objection was dismissed, and...

Court Disposition

Preliminary objection dismissed; application for stay of execution to proceed to hearing.

Orders

  • The respondent's preliminary objection dated 5th November 2024 is dismissed.
  • The notice of motion application for stay of execution shall be canvassed.