[2013] KEHC 6862 (KLR)
The court found that the respondents had not filed any appeal since the judgment was delivered nearly four months prior. Granting a stay in these circumstances would unjustly deprive the claimant of the fruits of his judgment. The court exercised its discretion to deny the application for stay, emphasizing that the...
Source-derived case information.
- Citation
- [2013] KEHC 6862 (KLR)
- Parties
- Claimant: Ben Julius Achila; Respondent: Kima International School of Theology
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 33 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay Pending Appeal
- Outcome
- application for stay dismissed
- Judges
- HS Wasilwa
- Legal Topics
- Stay of Execution, Appeal Procedure, Decretal Sum, Realization of Judgment, Delay in Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Julius Achila
Claimant
Kima International School of Theology
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether the respondents are entitled to a stay of execution of the judgment and decree pending appeal.
- 2 Whether the absence of a filed appeal justifies denial of stay of execution.
- 3 Whether the claimant should be denied the fruits of judgment due to the respondents' delay.
Ratio Decidendi
The court found that the respondents had not filed any appeal since the judgment was delivered nearly four months prior. Granting a stay in these circumstances would unjustly deprive the claimant of the fruits of his judgment. The court exercised its discretion to deny the application for stay, emphasizing that the respondents' delay and failure to file an appeal did not warrant the equitable relief sought. The application was therefore dismissed.
Court Disposition
application for stay dismissed
Orders
- The application for stay of execution pending appeal is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT KISUMU
CAUSE NO. 33/2013
(formerly KSM HCC No. 43 of 2003)
(Before Hon. Justice Hellen Wasilwa on 29th November, 2013)
BEN JULIUS ACHILA ................................................................................................. CLAIMANT
-VERSUS-
KIMA INTERNATIONAL SCHOOL OF THEOLOGY ........................................................ RESPONDENTS
R U L I N G
The application before court was brought by respondents herein seeking orders of stay against this court's judgment and decree pending appeal. It is the respondents contention that they intend to file an appeal against this court's judgment and are ready to deposit the entire decretal sum in court which they have since deposited.
The claimant respondents were opposed to this application stating that they are being denied realizing the fruits of their judgment and that the applicants have not even filed any appeal and only want to seek to file an appeal out of time.
I have heard the parties herein. I note that the respondents have not filed any appeal since judgment was delivered in this case in July 2013 almost 4 months ago. To allow this application will be to deny the claimant his right of realizing the fruits of his judgment. I therefore decline to allow this application and I dismiss it accordingly.
HELLEN WASILWA
JUDGE
29/11/2013
Appearances:-
Claimant present in person
Odongo for respondents present
CC. Doreen