Ausi v King’oo (Civil Miscellaneous E164 of 2025) [2026] KEHC 5055 (KLR) (9 April 2026) (Ruling)

Ausi v King’oo (Civil Miscellaneous E164 of 2025) [2026] KEHC 5055 (KLR) (9 April 2026) (Ruling)

The delay of two and a half months was not inordinate given the circumstances. The applicant demonstrated substantial loss may result if stay is not granted, and willingness to provide security. The application was filed without unreasonable delay. The respondent did not prove ability to refund the decretal sum. The...

Source-derived case information.

Citation
[2026] KEHC 5055 (KLR)
Parties
Appellant: Highrend Abisayi Ausi; Respondent: Emily Mutiso King’Oo
Court
High Court
Jurisdiction
Kenya
Judgment Date
9 April 2026
Case Number
Civil Miscellaneous E164 of 2025
Procedural Posture
Civil Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome
application allowed
Legal Topics
Extension of Time, Stay of Execution, Appeals
Source Language
english
Civil Procedure Extension of Time Stay of Execution Appeals

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Summary, issues, holding and outcome

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Parties

Highrend Abisayi Ausi

Appellant

Emily Mutiso King’Oo

Respondent

Procedural Posture

Civil Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

  1. 1 whether the applicant meets the threshold for enlargement of time to file an appeal out of time
  2. 2 whether the conditions necessary for the grant of stay pending appeal have been satisfied

Ratio Decidendi

The delay of two and a half months was not inordinate given the circumstances. The applicant demonstrated substantial loss may result if stay is not granted, and willingness to provide security. The application was filed without unreasonable delay. The respondent did not prove ability to refund the decretal sum. The applicant met the threshold for extension of time and stay of execution.

Court Disposition

application allowed

Orders

  • leave granted to file and serve memorandum of appeal within 14 days
  • stay of execution granted pending appeal on condition applicant deposits half the decretal sum in joint interest earning account or in court within 45 days