[2019] KEHC 901 (KLR)

[2019] KEHC 901 (KLR)

The court found that the applicants' claim that their former advocate failed to inform them of the rulings and acted without instructions was untrue, as the court record demonstrated their active involvement and knowledge of the proceedings. The applicants' allegations against their former counsel were found to be dishonest and unsupported by evidence. The court held that the basic premise of the application was false, and that justice cannot be founded on falsehoods. The law cited by the applicants regarding enlargement of time and mistake of counsel was generally correct, but the factual basis was lacking. The applicants failed to demonstrate sufficient grounds for enlargement of time...

Citation
[2019] KEHC 901 (KLR)
Parties
Plaintiff: The Executive Committee Chelimo Plot Owners Welfare Group & 288 Others; Defendant: Langat Joel; Defendant: Patrick Langat; Defendant: Francis Mrefu; Defendant: Petroliner Rotich; Defendant: Charles Rono; Defendant: Simon Cherorot
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
6 December 2019
Case Number
Civil Suit 12 of 2016
Procedural Posture
Civil Suit / Ruling on Application for Leave to Appeal, Enlargement of Time, and Stay of Execution
Outcome
application dismissed with costs to the respondents
Judges
A Kaniaru
Legal Topics
Enlargement of Time, Stay of Execution, Leave to Appeal, Costs Awards, Professional Conduct of Counsel
Source Language
English
Civil Procedure Land and Property Enlargement of Time Stay of Execution Leave to Appeal Costs Awards Professional Conduct of Counsel

Case Brief

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Parties

The Executive Committee Chelimo Plot Owners Welfare Group & 288 Others

Plaintiff

Langat Joel

Defendant

Patrick Langat

Defendant

Francis Mrefu

Defendant

Petroliner Rotich

Defendant

Charles Rono

Defendant

Simon Cherorot

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Leave to Appeal, Enlargement of Time, and Stay of Execution

Legal Issues

  1. 1 Whether the court should enlarge time for filing of the Notice of Appeal.
  2. 2 Whether there should be a stay of execution pending appeal.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the applicants' claim that their former advocate failed to inform them of the rulings and acted without instructions was untrue, as the court record demonstrated their active involvement and knowledge of the proceedings. The applicants' allegations against their former counsel were found to be dishonest and unsupported by evidence. The court held that the basic premise of the application was false, and that justice cannot be founded on falsehoods. The law cited by the applicants regarding enlargement of time and mistake of counsel was generally correct, but the factual basis was lacking. The applicants failed to demonstrate sufficient grounds for enlargement of time...

Court Disposition

application dismissed with costs to the respondents

Orders

  • The application dated 4th April, 2019 is dismissed with costs to the respondents.