[2024] KEHC 7936 (KLR)
The court found that, although the appellant had not fully complied with all conditions for stay of execution, there was part compliance and payment for the lower court proceedings. In the interest of justice, and considering the appellant's efforts to obtain the proceedings, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 7936 (KLR)
- Parties
- Appellant: Equator Bottlers Ltd; Respondent: Eunice Rahel Achieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E033 of 2024
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Extension of Time
- Outcome
- Extension of time granted for filing the record of appeal and submissions; appellant directed to pay costs before next mention date.
- Judges
- MS Shariff
- Legal Topics
- Extension of Time, Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Equator Bottlers Ltd
Appellant
Eunice Rahel Achieng
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Extension of Time
Legal Issues
- 1 Whether the appellant should be granted an extension of time to file the record of appeal.
- 2 Whether the appellant has complied with the conditions for stay of execution previously set by the court.
- 3 Whether the appellant has provided sufficient justification for the delay in filing the record of appeal.
Ratio Decidendi
The court found that, although the appellant had not fully complied with all conditions for stay of execution, there was part compliance and payment for the lower court proceedings. In the interest of justice, and considering the appellant's efforts to obtain the proceedings, the court exercised its discretion to extend the timelines for filing the record of appeal by 21 days. The court also directed the appellant to file submissions within the same period and to pay the costs previously ordered before the next mention date. The extension was granted to avoid prejudicing the appellant's right of appeal, provided that the outstanding conditions are met.
Court Disposition
Extension of time granted for filing the record of appeal and submissions; appellant directed to pay costs before next mention date.
Orders
- Appellant's timelines for filing the record of appeal are extended by 21 days.
- Appellant to file the record of appeal and submissions within the extended period.
Full Case Text
Judgment text and source record
21 paragraphs
Equator Bottlers Ltd v Achieng (Civil Appeal E033 of 2024) [2024] KEHC 7936 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7936 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E033 of 2024
MS Shariff, J
July 3, 2024
Between
Equator Bottlers Ltd
Appellant
and
Eunice Rahel Achieng
Respondent
Ruling
1. Whereas on 30. 4.2024 this court had given directions on the appeal and the conditions for stay of execution it has been submitted that the record of appeal is yet to be filed due to the failure by the court to supply the appellant with complete proceedings of the lower court.
2. The appellant’s Counsel thus seeks extension of the appellant’s timelines for filing the record of appeal.
3. So far there has been part compliance with the conditions of stay. Counsel for the Respondent submits that the Appellant has failed to adduce any proof of challenges that they are alleging to have faced and also submits that the order for payment of costs has not been honoured.
4. Given the part compliance and payment for the lower court proceedings, I will in the interest of justice extend the appellant’s timelines for a period of 21 days. The appellant is directed to file the record of appeal simultaneously with the appellant’s submissions within the same time frame.
5. The appellant is also directed to pay costs ordered on 30. 4.2024 to the respondent before the next mention date.
6. Mention on 30. 7.2024 to confirm compliance.
DATED, DELIVERED AND SIGNED THIS 3RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE