https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8443
The court found no cogent reasons to deny the appellant the right of appeal, noted full compliance with the lower court directions, and allowed the application for stay pending appeal and admission of the memorandum of appeal.
Source-derived case information.
- Citation
- [2026] KEHC 8443 (KLR)
- Parties
- Appellant: JULIENNE LANDSDOWN; Respondent: JOSEPH CHITWA ITAKE
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E890 of 2025
- Procedural Posture
- Civil Appeal Application / Ruling on Stay Pending Appeal and Admission of Memorandum of Appeal
- Outcome
- Application allowed as prayed; costs awarded to the appellant.
- Judges
- ["LP Kassan"]
- Legal Topics
- Stay Pending Appeal, Admission of Memorandum of Appeal, Right of Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JULIENNE LANDSDOWN
Appellant
JOSEPH CHITWA ITAKE
Respondent
Procedural Posture
Civil Appeal Application / Ruling on Stay Pending Appeal and Admission of Memorandum of Appeal
Legal Issues
- 1 Whether the appellant was entitled to stay pending appeal.
- 2 Whether the memorandum of appeal should be admitted out of time or as filed on time.
- 3 Whether there were cogent reasons to deny the right of appeal.
Ratio Decidendi
The court found no cogent reasons to deny the appellant the right of appeal, noted full compliance with the lower court directions, and allowed the application for stay pending appeal and admission of the memorandum of appeal.
Court Disposition
Application allowed as prayed; costs awarded to the appellant.
Orders
- Stay pending appeal granted.
- Memorandum of appeal admitted.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA NAIROBI** **CIVIL APPELLATE DIVISION** **HCCA E890 OF 2025** **JULIENNE LANDSDOWN ………………………..…….…..APPELLANT** **VERSUS** **JOSEPH CHITWA ITAKE ……………..…………………..RESPONDENT** **RULING** 1. This is an application for stay pending appeal and admission of memorandum of appeal which was filed on time. The right to appeal can only be denied if there are cogent reasons that I do not find in this case. The Appellant has fully complied with the lower Court directions. 2. The application is allowed as prayed. The Appellant shall pay costs **DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 15TH DAY OF JUNE 2026.** **HON L P KASSAN** **JUDGE** **In the presence of;** Kilonzo holding brief Wangai for Appellant No appearance for Respondent Ruth – Court Assistant