[2024] KEHC 14877 (KLR)
The court found that the applicant failed to file a record of appeal or annex the lower court ruling, making it impossible to determine whether the application had merit. The applicant's age and health alone were insufficient grounds for granting the orders sought. Additionally, there was no offer for security, and...
Source-derived case information.
- Citation
- [2024] KEHC 14877 (KLR)
- Parties
- Appellant: Grace Kathika; Respondent: Simon Kinoti Kithinji
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E062 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- application dismissed with costs
- Judges
- LP Kassan
- Legal Topics
- Extension of Time, Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Kathika
Appellant
Simon Kinoti Kithinji
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for extension of time to file an appeal out of time.
- 2 Whether the applicant is entitled to a stay of execution of warrants of arrest pending appeal.
Ratio Decidendi
The court found that the applicant failed to file a record of appeal or annex the lower court ruling, making it impossible to determine whether the application had merit. The applicant's age and health alone were insufficient grounds for granting the orders sought. Additionally, there was no offer for security, and the lower court judgment had been delivered in 2023. Consequently, the application for extension of time and stay of execution was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time to appeal and stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
18 paragraphs
Kathika v Kithinji (Civil Appeal E062 of 2024) [2024] KEHC 14877 (KLR) (28 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14877 (KLR)
Republic of Kenya
In the High Court at Meru
Civil Appeal E062 of 2024
LP Kassan, J
November 28, 2024
Between
Grace Kathika
Appellant
and
Simon Kinoti Kithinji
Defendant
Ruling
1. This is an Application for Appeal out of time and stay of execution of Warrants of Arrest against the Appellant for the main reason that the Appellant has arguable appeal andtaken into account all relevant factors and wish to note the following;that the Applicant is aged 74 years . I have read the Application anda.No record of Appeal has been filed and consequently, there is no Memorandum of appeal.b.No the Lower court ruling has been annexed for this court to determine if the Application is arguable or not.At this juncture therefore am unable to determine this application as to whether it is meritious or not.
2. The issue as concerning the health of the Applicant cannot by itself form a basis for granting the orders sought. The lower court judgement was delivered in 2023 and there is no offer for security. Consequently, I dismiss the Application with costs.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 28THDAY OF NOVEMBER 2024. HON L. KASSANJUDGEIn the presence of;Muthomi for the AppellantMuingi for the RespondentCarol – Court Assistant