[2020] KEHC 6724 (KLR)

[2020] KEHC 6724 (KLR)

The court found that although the applicant delayed by about seven months in filing the application for leave to appeal out of time, no explanation for the delay was offered. However, the applicant expressed willingness to provide security for the due performance of the decree. The court, exercising its discretion...

Source-derived case information.

Citation
[2020] KEHC 6724 (KLR)
Parties
Applicant: Kennedy Ochieng Mbani; Respondent: Jacob Ogutu Ogalo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 72 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome
Application allowed with conditions.
Judges
TW Cherere
Legal Topics
Extension of Time, Stay of Execution, Appeals From Subordinate Courts
Source Language
en
Civil Procedure Extension of Time Stay of Execution Appeals From Subordinate Courts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kennedy Ochieng Mbani

Applicant

Jacob Ogutu Ogalo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time.
  2. 2 Whether a stay of execution of the judgment should be granted pending the intended appeal.
  3. 3 Whether the applicant has satisfied the legal requirements for extension of time and stay of execution.

Ratio Decidendi

The court found that although the applicant delayed by about seven months in filing the application for leave to appeal out of time, no explanation for the delay was offered. However, the applicant expressed willingness to provide security for the due performance of the decree. The court, exercising its discretion in the interest of justice, granted leave to appeal out of time and ordered a stay of execution of the judgment, subject to the applicant paying half of the decretal sum to the respondent within 14 days and depositing the balance, costs, and interest in a joint interest-earning account in the names of the advocates for both parties within 14 days. Failure to comply would result...

Court Disposition

Application allowed with conditions.

Orders

  • Stay of execution of judgment and decree in NYANDO PMCC NO. 141 OF 2019 pending hearing and determination of the intended appeal, on condition that half of the total decretal sum is paid to the respondent within 14 days.
  • The balance of the decretal sum, costs, and interest to be deposited into an interest-earning account in the names of the advocates for both parties within 14 days.