[2017] KEHC 5660 (KLR)
The court found that the applicant had acted promptly by filing a notice of appeal and requesting proceedings shortly after the judgment. There was no undue delay in bringing the application. The court recognized the applicant's right to seek appellate review and determined that both leave to appeal and a stay of...
Source-derived case information.
- Citation
- [2017] KEHC 5660 (KLR)
- Parties
- Plaintiff: E N K; Defendant: J N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 11 of 2007
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Appeal and Stay of Execution
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Leave to Appeal, Stay of Execution, Timeliness of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E N K
Plaintiff
J N K
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Appeal and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted leave to appeal the judgment delivered on 2nd October 2015.
- 2 Whether a stay of execution of the judgment should be granted pending appeal.
Ratio Decidendi
The court found that the applicant had acted promptly by filing a notice of appeal and requesting proceedings shortly after the judgment. There was no undue delay in bringing the application. The court recognized the applicant's right to seek appellate review and determined that both leave to appeal and a stay of execution were justified in the circumstances. The orders were granted for a period of thirty days from the date of the ruling, with no order as to costs.
Court Disposition
application allowed
Orders
- Leave to appeal is granted for thirty (30) days from the date of this ruling.
- Stay of execution of the judgment is granted for thirty (30) days from the date of this ruling.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 11 OF 2007 (OS)
E N K…………………..…...............................…..….PLAINTIFF
VERSUS
J N K………….….……………...........................…DEFENDANT
RULING
1. The Motion dated 16th October 2015 seeks leave to appeal and stay of execution. The judgment proposed to be appealed against was delivered on 2nd October 2015. The application is opposed. The respondent has filed an affidavit in opposition.
2. The parties have filed detailed written submissions on their respective positions. I have read through both sets of written submissions and noted the arguments advanced in them, inclusive of the caselaw cited.
3. The record indicates that the applicant filed a notice of appeal on 13th October 2015 and also lodged a letter at the registry on 13th October 2015 asking for copies of the proceedings and judgment.
4. A party who is aggrieved of an order of this court is at liberty to get a second opinion from an appellate court. In any event, the application before me is not being sought after considerable delay.
5. I am inclined to allow the application dated 16th October 2015. Leave to appeal is hereby granted. It shall be for thirty (30) days from date hereof. There shall also be stay of execution of the said judgment. The stay shall equally be for thirty (30) days from date hereof. There shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE