[2021] KEHC 479 (KLR)
The court found that the applicant was unable to comply with the timelines due to the closure of courts caused by the Covid-19 pandemic, a matter of which the court took judicial notice. Given the lack of opposition from the respondents and the extraordinary circumstances, the court exercised its discretion to allow...
Source-derived case information.
- Citation
- [2021] KEHC 479 (KLR)
- Parties
- Plaintiff: John Njogu; Defendant: Invesco Assurance Company Limited; Defendant: Joseph Ouma Nyachoko
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Case 02 of 2019
- Procedural Posture
- Civil Case / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- application allowed
- Judges
- AN Ongeri
- Legal Topics
- Extension of Time, Stay of Execution, Review of Orders
- 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
John Njogu
Plaintiff
Invesco Assurance Company Limited
Defendant
Joseph Ouma Nyachoko
Defendant
Procedural Posture
Civil Case / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant is entitled to extension of time to comply with court orders due to the Covid-19 pandemic.
- 2 Whether stay of execution should be granted pending hearing and determination of the suit.
- 3 Whether the ruling delivered on 18th July, 2019 should be set aside or reviewed.
Ratio Decidendi
The court found that the applicant was unable to comply with the timelines due to the closure of courts caused by the Covid-19 pandemic, a matter of which the court took judicial notice. Given the lack of opposition from the respondents and the extraordinary circumstances, the court exercised its discretion to allow the application, extending the period for compliance by 30 days and granting a stay of execution pending the hearing and determination of the suit. The court further directed the applicant to take a hearing date within 14 days.
Court Disposition
application allowed
Orders
- The period for compliance is extended by 30 days.
- The plaintiff/applicant to take a hearing date in the registry within 14 days.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CIVIL CASE NO.02 of 2019
JOHN NJOGU............................................................................................PLAINTIFF
V E R S U S
INVESCO ASSURANCE COMPANY LIMITED.....................1ST DEFENDANT
JOSEPH OUMA NYACHOKO...................................................2ND DEFENDANT
R U L I N G
1. The Application coming for consideration in this ruling is dated 2/7/2020 seeking the following orders:-
(i) THAT the service of the application be dispensed with in the first instance.
(ii) THAT pending the hearing of and determination of this application, there be extension of the orders of this honourable issued on the 8th of July, 2019 by this Honourable Court stay execution of the Decree and all consequential orders of the Honourable Court issued in Kericho Chief Magistrate’s Court Civil Suit Number 462 of 2014.
(iii) THAT the ruling of this Court delivered on 18th July, 2019 be set aside and/or reviewed and the Plaintiff/Applicant be granted extension of time for the hearing and determination of this case.
(iv) THAT pending the hearing of and determination of this suit, there be extension of the orders of this Honourable issued on the 8th of July, 2019 by this Honourable Court issued in Kericho Chief Magistrate’s Court Civil Suit Number 462 of 2014.
(v) THAT the costs of this application be provided for.
2. The Application is based on the grounds on the grounds of the Application and supported by the Affidavit of JOHN NJOGU, the Applicant of even date in which he has stated that he was not able to comply with the timelines granted by the court due to closure of the Courts due to the Covid-19 Pandemic.
3. The Application is not opposed since the Respondents did not file any response.
4. I take Judicial Notice of the circumstances that were prevailing in the Courts due to the Covid-19 Pandemic that paralyzed Court operations.
5. I allow the Application dated 2/7/2020 and extend the period by 30 days. I direct that the Plaintiff/Applicant takes a date in the Registry within 14 days of this date.
6. Stay of Execution is granted pending the hearing and determination of this suit.
Delivered, signed and dated at Kericho this 29th day of January, 2021.
A. N. ONGERI
JUDGE