Owino v Ngonyi & another (Civil Miscellaneous Application E305 of 2025) [2026] KEHC 5863 (KLR) (30 April 2026) (Ruling)

Owino v Ngonyi & another (Civil Miscellaneous Application E305 of 2025) [2026] KEHC 5863 (KLR) (30 April 2026) (Ruling)

The applicant failed to provide a plausible explanation for the prolonged delay of about 180 days in filing the appeal. The only reason for seeking extension was the commencement of execution, and granting the application would prejudice the respondents. The application lacks merit and is dismissed.

Source-derived case information.

Citation
[2026] KEHC 5863 (KLR)
Parties
Applicant: Benjamin Oyoda Owino; 1st Respondent: Boniface Makau Ngonyi; 2nd Respondent: Peter Mutuku Mulevu
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Civil Miscellaneous Application E305 of 2025
Procedural Posture
Civil Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
Outcome
Application dismissed
Legal Topics
Extension of Time, Stay of Execution, Appeals, Discretion of Court
Source Language
english
Civil Procedure Extension of Time Stay of Execution Appeals Discretion of Court

Source-derived case record

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Parties

Benjamin Oyoda Owino

Applicant

Boniface Makau Ngonyi

1st Respondent

Peter Mutuku Mulevu

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has demonstrated good and sufficient cause for extension of time to file appeal out of time
  2. 2 Whether stay of execution pending appeal should be granted

Ratio Decidendi

The applicant failed to provide a plausible explanation for the prolonged delay of about 180 days in filing the appeal. The only reason for seeking extension was the commencement of execution, and granting the application would prejudice the respondents. The application lacks merit and is dismissed.

Court Disposition

Application dismissed

Orders

  • The application for extension of time and stay of execution is dismissed.
  • The order staying execution of the decree in the court below is vacated.