[2006] KEHC 3383 (KLR)

[2006] KEHC 3383 (KLR)

The court found that although the defendant had repeatedly changed advocates and sought adjournments, the application for stay of proceedings was grounded on the right to appeal against the court's earlier ruling excluding a key piece of evidence. The court acknowledged that the intended appeal raised arguable points regarding the interpretation of Section 19 of the National Assembly (Powers and Privileges) Act and the admissibility of the letter in question. While expressing disapproval of the delays caused by the defendant's conduct, the court held that the interests of justice required granting a stay to allow the appellate process to proceed without rendering it nugatory. The court...

Citation
[2006] KEHC 3383 (KLR)
Parties
Plaintiff: George Odinga Oraro; Defendant: Eric Gor Sungu
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 September 2006
Case Number
Civil Case 1250 of 2004
Procedural Posture
Civil Case / Ruling on Application for Stay of Proceedings Pending Appeal
Outcome
Application for stay of proceedings pending appeal allowed.
Legal Topics
Adjournment of Hearing, Stay of Proceedings, Change of Advocates, Appeals Process
Source Language
English
Civil Procedure Adjournment of Hearing Stay of Proceedings Change of Advocates Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

George Odinga Oraro

Plaintiff

Eric Gor Sungu

Defendant

Procedural Posture

Civil Case / Ruling on Application for Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the defendant is entitled to a stay of proceedings pending the hearing and determination of the intended appeal.
  2. 2 Whether repeated changes of counsel and requests for adjournment constitute sufficient grounds for delaying the hearing.
  3. 3 Whether a letter from the Clerk of the National Assembly to the Chairman of a Select Committee requires special leave from the Speaker before being used in court proceedings.

Ratio Decidendi

The court found that although the defendant had repeatedly changed advocates and sought adjournments, the application for stay of proceedings was grounded on the right to appeal against the court's earlier ruling excluding a key piece of evidence. The court acknowledged that the intended appeal raised arguable points regarding the interpretation of Section 19 of the National Assembly (Powers and Privileges) Act and the admissibility of the letter in question. While expressing disapproval of the delays caused by the defendant's conduct, the court held that the interests of justice required granting a stay to allow the appellate process to proceed without rendering it nugatory. The court...

Court Disposition

Application for stay of proceedings pending appeal allowed.

Orders

  • Stay of proceedings granted in terms of prayer 2 of the Notice of Motion dated 19th September 2006.