[2017] KEHC 6402 (KLR)
The court found the application merited after considering the affidavits and submissions from both parties. The judge exercised discretion to grant a stay of execution, leave to file an appeal out of time, and deemed the draft memorandum of appeal as properly filed and served. The court refrained from detailed...
Source-derived case information.
- Citation
- [2017] KEHC 6402 (KLR)
- Parties
- Applicant: Fatuma Nuru Mukoro; Respondent: Amina Abdi Lama
- Court
- High Court
- Court Station
- High Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 17 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
- Outcome
- Application allowed in terms of prayers 1, 2, and 3. Each party to bear own costs.
- Legal Topics
- Stay of Execution, Leave to Appeal Out of Time, Civil Application Procedure
- 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
Fatuma Nuru Mukoro
Applicant
Amina Abdi Lama
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment and decree in Kadhi's case number 90 of 2015 pending appeal.
- 2 Whether the applicant should be granted leave to file an appeal out of time.
- 3 Whether the draft memorandum of appeal should be deemed as properly filed and served.
Ratio Decidendi
The court found the application merited after considering the affidavits and submissions from both parties. The judge exercised discretion to grant a stay of execution, leave to file an appeal out of time, and deemed the draft memorandum of appeal as properly filed and served. The court refrained from detailed reasoning to avoid prejudicing the substantive appeal, as it would be heard before the same judge. Each party was ordered to bear their own costs for the application.
Court Disposition
Application allowed in terms of prayers 1, 2, and 3. Each party to bear own costs.
Orders
- Stay of execution of the judgment and decree and all consequential orders in Kadhi's case number 90 of 2015 pending hearing and determination of the intended appeal.
- Applicant granted leave to file an appeal out of time.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MARSABIT
MISCELLANEOUS CIVIL APPLICATION NO.17 OF 2016
FATUMA NURU MUKORO …APPLICANT
VERSUS
AMINA ABDI LAMA ……...RESPONDENT
RULING
The applicant's application is brought by way of notice of motion dated 7th June 2016 pursuant to sections 30,39 and 79 and Order 22 Rule22 and Order 42 rule 6 of the Civil Procedure Rules 2010 and any other enabling provisions of the law. The applicant is seeking orders as follows:-
1. That there be a stay of execution of the judgment and decree and all the consequential orders in Kadhi's case number 90 of 2015 pending inter-parte hearing and determination of the intended appeal.
2. That the applicant be granted leave to file an appeal out of time.
3. That the draft memorandum of appeal be deemed as properly filed and served.
4. Costs of this application be borne by the Respondent.
I have perused the affidavits by both parties and the submissions by their respective counsel. The application in my view is merited. Since the appeal will be canvassed before me, it would be prudent if I do not say much at this stage.
The 1st 2nd and 3rd prayers of the application are allowed. For this application each party will meet own costs.
DATED at MARSABIT this 19th Day of April 2017
KIARIE WAWERU KIARIE
JUDGE.