[2021] KEHC 8793 (KLR)
The court found that the applicant had not provided a good reason for failing to file submissions within the extended period granted by the court. Despite being given additional time and clear directions, the applicant neither filed submissions nor attached any draft submissions to the application. The court held...
Source-derived case information.
- Citation
- [2021] KEHC 8793 (KLR)
- Parties
- Appellant: Kennedy Ooko Jacob t/a SSEBO Intel. Co. Auctioneer; Respondent: John Abich Ochanda
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Appeal 18 of 2020
- Procedural Posture
- Miscellaneous Civil Appeal / Ruling on Notice of Motion to Stay Judgment and for Leave to File Submissions Out of Time
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Stay of Judgment, Late Filing of Submissions, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ooko Jacob t/a SSEBO Intel. Co. Auctioneer
Appellant
John Abich Ochanda
Respondent
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Notice of Motion to Stay Judgment and for Leave to File Submissions Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason to warrant a stay or suspension of the delivery of judgment.
- 2 Whether the applicant should be granted leave to file and serve submissions on the appeal out of time.
Ratio Decidendi
The court found that the applicant had not provided a good reason for failing to file submissions within the extended period granted by the court. Despite being given additional time and clear directions, the applicant neither filed submissions nor attached any draft submissions to the application. The court held that there was no justification to defer or suspend the delivery of judgment, and that the applicant's lack of diligence did not warrant the exercise of the court's discretion in his favour. Consequently, the notice of motion was dismissed.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 23/2/2021 is dismissed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
MISC. CIVIL APPEAL NO. 18 OF 2020
KENNEDY OOKO JACOB
t/a SSEBO INTEL. CO. AUCTIONEER................APPELLANT
VERSUS
JOHN ABICH OCHANDA....................................RESPONDENT
RULING
The Appellant/Respondent John Abich Lala, through his Advocate Marvin Odero has filed the Notice of Motion dated 23/2/2021 seeking an order that the delivery of judgment scheduled for today, 25/2/2021 be stayed or suspended pending hearing and determination of this application inter partes and that the applicant be granted leave to file and serve his submissions on the appeal, out of time.
On 31/8/2020 J. Mrima gave directions in this matter, that the applicant do file and serve submissions and the same was reserved for highlighting of submissions on 22/10/2020. Both the appellant/respondent and Mr. Odero, counsel for the applicant were present in court. The appellant/respondent had filed and served his submissions on Mr. Odero but Mr. Odero was given more time to file his submissions. The appellant had served his submissions way back on 5/10/2020. The matter was set for mention on 19/11/2020 to enable the applicant put in his submissions. On 19/11/2020, Mr. Odero did not appear and the court reserved this matter for judgment.
In his affidavit in support of this notice of motion, counsel contends that he was not aware of the date for judgment but having known that the matter was for mention on 19/11/2020 to confirm compliance of filing submissions, he should have made a follow up.
Even upto date, despite the time counsel was allowed to file submissions, the applicant has not attached any draft submissions that the court would have considered. I find no good reason given to warrant deferring or suspending the reading of the court’s judgment to another date. The Notice of Motion is hereby dismissed.
Dated and Signed at Migori this 25th day of February, 2021
R. WENDOH
JUDGE