[2013] KEHC 3048 (KLR)

[2013] KEHC 3048 (KLR)

The court found that the appeal was filed approximately 40 days after the decision of the subordinate court, exceeding the statutory period of thirty days prescribed by Section 79G of the Civil Procedure Act. No application for extension of time was made by the appellants to regularize the late filing. As a result, there was no valid appeal before the court upon which an order for stay of execution could be anchored. The court held that a stay of execution pending appeal can only be granted where a valid appeal exists or where the law otherwise permits. Since the foundational requirement of a valid appeal was absent, the application for stay pending appeal was dismissed with costs to the...

Citation
[2013] KEHC 3048 (KLR)
Parties
Applicant: Emily Jeptoo; Applicant: Veronica Kabutie; Applicant: Jenifer Tongoi; Respondent: Hellen Jeruto; Respondent: Kipruto Mutai; Respondent: Isaac Kipkosgei; Respondent: Linus Kiptoo Chepkwony
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
9 July 2013
Case Number
Civil Appeal 99 of 2012
Procedural Posture
Civil Appeal / Application for Stay Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Appeal Out of Time, Jurisdiction of Subordinate Courts, Land Dispute Tribunals
Source Language
English
Civil Procedure Land and Property Stay of Execution Appeal Out of Time Jurisdiction of Subordinate Courts Land Dispute Tribunals

Case Brief

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Parties

Emily Jeptoo

Applicant

Veronica Kabutie

Applicant

Jenifer Tongoi

Applicant

Hellen Jeruto

Respondent

Kipruto Mutai

Respondent

Isaac Kipkosgei

Respondent

Linus Kiptoo Chepkwony

Respondent

Procedural Posture

Civil Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the High Court can grant a stay of execution pending appeal when no valid appeal is on record.
  2. 2 Whether the appeal was filed within the statutory period or if extension of time was sought and granted.
  3. 3 Whether the subordinate court had jurisdiction to entertain the application for stay.

Ratio Decidendi

The court found that the appeal was filed approximately 40 days after the decision of the subordinate court, exceeding the statutory period of thirty days prescribed by Section 79G of the Civil Procedure Act. No application for extension of time was made by the appellants to regularize the late filing. As a result, there was no valid appeal before the court upon which an order for stay of execution could be anchored. The court held that a stay of execution pending appeal can only be granted where a valid appeal exists or where the law otherwise permits. Since the foundational requirement of a valid appeal was absent, the application for stay pending appeal was dismissed with costs to the...

Court Disposition

application dismissed with costs

Orders

  • The application for stay pending appeal is dismissed with costs to the respondents.