[2025] KEHC 3214 (KLR)
The court found that the applicant failed to disclose material facts, including the lapse of a previously granted stay and partial payment of the decretal sum. The explanation for the delay—lack of instructions from the insurer—was not sufficient to justify the court's discretion in granting leave to appeal out of...
Source-derived case information.
- Citation
- [2025] KEHC 3214 (KLR)
- Parties
- Applicant: Climax Coaches Limited; Respondent: Lucas Ochieng Onyango alias Lukas Ochieng
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 272 of 2024
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed with costs to the respondent
- Judges
- SM Mohochi
- Legal Topics
- Leave to Appeal Out of Time, Delay in Filing Appeal, Equitable Relief, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Climax Coaches Limited
Applicant
Lucas Ochieng Onyango alias Lukas Ochieng
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient cause for the delay in filing the appeal out of time.
- 2 Whether the applicant is entitled to equitable relief of leave to appeal out of time.
- 3 Whether non-disclosure of material facts affects the applicant's entitlement to relief.
Ratio Decidendi
The court found that the applicant failed to disclose material facts, including the lapse of a previously granted stay and partial payment of the decretal sum. The explanation for the delay—lack of instructions from the insurer—was not sufficient to justify the court's discretion in granting leave to appeal out of time. The court emphasized that equitable relief is only available to parties who approach the court with clean hands and full disclosure. The applicant's conduct, including non-disclosure, undermined their bona fides and disentitled them to the relief sought. Consequently, the application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 26th August, 2024 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
Climax Coaches Limited v Onyango alias Lukas Ochieng (Miscellaneous Civil Application 272 of 2024) [2025] KEHC 3214 (KLR) (31 January 2025) (Ruling)
Neutral citation: [2025] KEHC 3214 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Civil Application 272 of 2024
SM Mohochi, J
January 31, 2025
Between
Climax Coaches Limited
Applicant
and
Lucas Ochieng Onyango alias Lukas Ochieng
Respondent
Ruling
1. It is always said that he who seeks for equitable reliefs must come with clean hands.
2. The Application before me is dated 26th August, 2024 seeking leave to appeal out of time.
3. The Applicants’ advocate through her sworn affidavit dated 26th August, 2024 deponed that the 60 days’ delay in filing appeal was occasioned by lack of instructions from the insurer Direct Line.
4. The Applicants did not disclose to the Court that the Trial Court had granted stay that lapsed.
5. The Applicants did not disclose to the Court that Part of the decretal amount of Kshs. 210,650/= was paid to the Respondents on 2nd August, 2024.
6. I am not persuaded of the Applicants bonafide in seeking the interlocutory reliefs.
7. I am unable to find merit in the application and the same is dismissed with costs to the Respondents.
SIGNED, DATED AND DELIVERED ON THIS 31ST DAY OF JANUARY 2025____________________________MOHOCHI S.MJUDGEIn the presence of:M/s Chemutai for ApplicantRespondents - absent