[2020] KEHC 1625 (KLR)
The court exercised its discretion under Order 50 Rule 6 of the Civil Procedure Rules to grant the applicant an extension of 10 days from the date of the ruling to comply with the orders of 14/10/2020. The court found that since the original timelines lapsed on the day of the ruling and compliance was unlikely...
Source-derived case information.
- Citation
- [2020] KEHC 1625 (KLR)
- Parties
- Applicant: Duncan Onyango Odera; Respondent: Mary Adhiambo Wasonga; Respondent: Eliud Otieno Odingo (Suing as the Legal Representative of the Estate of Benard Ooko Otieno alias Benard Otieno Odero, Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E1 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- application for extension of time granted; stay of execution extended for 10 days; file closed
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Stay of Execution, Court Discretion, Compliance With Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Onyango Odera
Applicant
Mary Adhiambo Wasonga
Respondent
Eliud Otieno Odingo (Suing as the Legal Representative of the Estate of Benard Ooko Otieno alias Benard Otieno Odero, Deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to comply with the court orders of 14/10/2020.
- 2 Whether the stay of execution in Siaya PMCC 89/2019 should be extended pending compliance.
Ratio Decidendi
The court exercised its discretion under Order 50 Rule 6 of the Civil Procedure Rules to grant the applicant an extension of 10 days from the date of the ruling to comply with the orders of 14/10/2020. The court found that since the original timelines lapsed on the day of the ruling and compliance was unlikely within the remaining time, it was just to allow a further period for compliance. The stay of execution in Siaya PMCC 89/2019 was accordingly extended for 10 days to facilitate compliance, with the warning that failure to comply within the extended period would result in execution issuing. The court declined to revisit substantive issues previously determined, limiting its...
Court Disposition
application for extension of time granted; stay of execution extended for 10 days; file closed
Orders
- The applicant is granted an enlargement of time of 10 days from the date of the ruling to comply with the orders of 14/10/2020.
- The stay of execution in Siaya PMCC 89/2019 is extended by a further 10 days from the date of the ruling.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT OF KENYA AT SIAYA
MISCELLANEOUS CIVIL CASE NO. E1 OF 2020
DUNCAN ONYANGO ODERA...............................................................APPLICANT
VERSUS
MARY ADHIAMBO WASONGA..............................................1ST RESPONDENT
ELIUD OTIENO ODINGO(Suing as the Legal Representative of the Estate of
BENARD OOKO OTIENO ALIAS
BENARD OTIENO ODERO (Deceased) ................................2ND RESPONDENT
RULING
1. The court has guided the counsel on record regarding delving into substances of whether or not the insurance company can pay more than Kshs. 3 million as that is a substantive issue which this court has made a decision upon before and which thus would not deliberate on in this miscellaneous application.
2. It is following the guidance by the court that counsel have agreed to deliberate on the period for extension of time for compliance.
3. I have considered both counsel’s submissions on the appropriate timeliness for extension. The original timelines lapse today. That means that if there has been no compliance, it is unlikely that there shall be compliance today.
4. Since the Applicant has sought exercise of court’s discretion in extending time which discretion is unfettered as stipulated under Order 50 Rule 6 of the Civil Procedure Rules, I hereby exercise discretion and grant to the Applicant enlargement of time within which to comply with the orders of 14/10/2020 which are lapsing today. The Applicant has 10 days more from today within which to comply with the conditional stay.
5. Accordingly, the stay in Siaya PMCC 89/2019 is extended by a further 10 days of today to enable the applicant comply with the orders of 14/10/2020 and in default, execution to issue. This order resolves all the issues raised in the application dated 26/10/2020. Accordingly, this file is closed.
6. Orders accordingly.
Dated, signed, delivered at Siaya this 28th day of October 2020
R.E. ABURILI
JUDGE