Gure t/a Haskul Constractors Ltd v Kirunge t/a Wambu Hardware Maralal (Civil Appeal E008 of 2026) [2026] KEHC 11005 (KLR) (15 July 2026) (Ruling)
The court declined to entertain the application because it would not sit as an appellate court over a decision of a judge of similar jurisdiction. Following that indication, the applicant filed a notice of withdrawal of the appeal, which the court allowed, resulting in closure of the file.
Source-derived case information.
- Citation
- [2026] KEHC 11005 (KLR)
- Parties
- Applicant/appellant: Hassan Gure T/A Haskul Contractors Ltd; Respondent/respondent: James Mburu Kirunge T/A Wambu Hardware Maralal
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E008 of 2026
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Come on Record, Leave to Appeal Out of Time, Stay, and Subsequent Withdrawal of Appeal
- Outcome
- Application overtaken by withdrawal of the appeal; appeal withdrawn and file closed.
- Judges
- ["LN Mutende"]
- Legal Topics
- Leave to Come on Record, Appeal Out of Time, Stay of Execution, Jurisdiction of Appellate Court, Withdrawal of Appeal
- 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
Hassan Gure T/A Haskul Contractors Ltd
Applicant/appellant
James Mburu Kirunge T/A Wambu Hardware Maralal
Respondent/respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Come on Record, Leave to Appeal Out of Time, Stay, and Subsequent Withdrawal of Appeal
Legal Issues
- 1 Whether the court could grant leave to come on record for the applicant's advocates
- 2 Whether leave should be granted to file an appeal out of time
- 3 Whether stay of execution should issue
Ratio Decidendi
The court declined to entertain the application because it would not sit as an appellate court over a decision of a judge of similar jurisdiction. Following that indication, the applicant filed a notice of withdrawal of the appeal, which the court allowed, resulting in closure of the file.
Court Disposition
Application overtaken by withdrawal of the appeal; appeal withdrawn and file closed.
Orders
- Notice of withdrawal of the appeal dated 10/7/2026 allowed.
- File closed.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYAT AT NYAHURURU** **CIVIL APPEAL NO E008 OF 2026** **HASSAN GURE T/A HASKUL CONSTRACTORS LTD ……APPLICANT** **VERSUS** **JAMES MBURU KIRUNGE** **T/A WAMBU HARDWARE MARALAL ………………………. RESPONDENT** ***(An appeal against the whole Judgment of Hon Justice J.T. Lolwatan in Maralal Commercial court being MCCC No E008 of 2022 at Maralal on 9th March 2023)*** **BETWEEN** **JAMES MBURU KIRUNGE** **T/A WAMBU HARDWARE MARALAL…………..………………. PLAINTIFF** **VERSUS** **HASSAN GURE T/A HASKUL CONTRACTORS LTD …….. DEFENDANT** **RULING** 1. This Applicant herein being dissatisfied with the decision of the court field amendment of appeal against the decision of the court. 2. In a Notice of motion dated 3/7/2026 the Applicant sought orders thus; 3. ***The matter be certified as urgent.*** 4. ***The Honourable court be pleased to grant leave to the firm of Benedict Odhiambo Oloo & Co Advocates to come on record on behalf of the Applicant herein.*** 5. ***This Honourable court be pleased to grant the Applicant leave to file an Appeal out of time against the whole Judgment delivered on 9th March 2023 by Hon Justice J.T. Lolwatan in Maralal Commercial Court being MCCC No E008 of 2022 at Maralal.*** 6. ***That there be a stay of execution of the judgment delivered on 9th March 2023 and the resultant decree pending hearing and determination of this application.*** 7. ***That there be a stay of execution of the said judgment and decree pending the hearing and determination of the intended Appeal.*** 8. ***The costs of this application be provided for.*** 9. A perusal of the application prompted the court to point out that the court would not sit at an appellate court against the decision of a judge of similar jurisdiction. 10. In the result a Notice of withdrawal of the Appeal was filed dated 10/7/2026 seeking to have the appeal withdrawn in the premises. The same is allowed and the file is closed. 11. It is so ordered. Dated, signed and delivered on 15th July, 2026 **HON L. MUTENDE** **JUDGE**