[2017] KEHC 5680 (KLR)
The court found that the defendant had filed a notice of appeal and requested proceedings within a reasonable time, thereby exercising his right to seek the opinion of a higher court. The court considered that the directions previously given were sufficient but acknowledged the defendant's right to appeal....
Source-derived case information.
- Citation
- [2017] KEHC 5680 (KLR)
- Parties
- Plaintiff: Christine Jean Erickson; Defendant: Abdikadir Haji Abdi Dara
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1 of 2011
- Procedural Posture
- Civil Suit / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings granted.
- Judges
- DN Musyoka
- Legal Topics
- Stay of Proceedings, Appeals, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christine Jean Erickson
Plaintiff
Abdikadir Haji Abdi Dara
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the defendant is entitled to a stay of proceedings pending the hearing of an intended appeal.
- 2 Whether the threshold for granting a stay of proceedings has been met.
Ratio Decidendi
The court found that the defendant had filed a notice of appeal and requested proceedings within a reasonable time, thereby exercising his right to seek the opinion of a higher court. The court considered that the directions previously given were sufficient but acknowledged the defendant's right to appeal. Consequently, the court granted a stay of proceedings for forty-five days to facilitate the filing of the proposed appeal.
Court Disposition
Application for stay of proceedings granted.
Orders
- Stay of proceedings granted for forty-five (45) days to facilitate filing of the proposed appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 1 OF 2011 (OS)
CHRISTINE JEAN ERICKSON……..….PLAINTIFF
VERSUS
ABDIKADIR HAJI ABDI DARA…...…DEFENDANT
RULING
1. On 18th December 2015 I delivered a ruling where I declined to give the directions sought as the court had already given directions on the disposal of the matter, which, in my view were sufficient.
2. The defendant has come back to court with an application dated 26th January 2016. He seeks orders that the proceedings in this cause be stayed pending hearing of an appeal that he is to lodge at the Court of Appeal against that order.
3. There is a reply to the application by the plaintiff who takes the view that the application does not meet the threshold for grant of the orders sought.
4. I note that the defendant did file a notice of appeal and requested for proceedings within reasonable time. He has a right to seek the opinion of a higher court.
5. I shall grant the defendant the order that he seeks. The stay of proceedings shall be for forty-five (45) days to facilitate filing of the proposed appeal.
DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE