[2024] KEHC 12002 (KLR)

Source-derived case information.

Citation: [2024] KEHC 12002 (KLR)
Parties: Appellant: Legaxy Laxury Shuttle; Respondent: Livingstone Okwemba
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Civil Miscellaneous E343 of 2024
Procedural Posture: Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome: Application allowed; leave to appeal out of time and stay of execution granted on conditions.
Judges: MS Shariff
Legal Topics: Leave to Appeal Out of Time, Stay of Execution, Security for Judgment Sum
Source Language: en

Civil Procedure Leave to Appeal Out of Time Stay of Execution Security for Judgment Sum

Source-derived case record

Summary, issues, holding and outcome

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Parties

Legaxy Laxury Shuttle

Appellant

Livingstone Okwemba

Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant should be granted leave to file an appeal out of time against the judgment in Kisumu SCCC No. E235 of 2023.
2 Whether an order of stay of execution should issue pending the intended appeal.
3 What conditions, if any, should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, namely, internal disputes among the directors and shareholders of the instructing client, which justified the grant of leave to appeal out of time. The court also held that the applicant had acted promptly after the judgment and was willing to provide security for the judgment sum. In the absence of opposition from the respondent, the court exercised its discretion to grant both leave to appeal out of time and a stay of execution, subject to the condition that the applicant deposit the judgment sum in a joint interest-earning account of the parties' advocates within 45 days. Failure to...

Court Disposition

Application allowed; leave to appeal out of time and stay of execution granted on conditions.

Orders

The applicant is granted leave to file an appeal out of time against the judgment in Kisumu SCCC No. E235 of 2023 within 14 days from the date hereof.
An order of stay of execution is issued against the judgment delivered on 1.8.2024 in Kisumu SCC No. E235 of 2023 until the intended appeal is heard and determined, on condition that the judgment sum of Kshs.600,000 is deposited by the applicant in a joint interest earning account of parties’ advocates in a...

Full Case Text

Judgment text and source record

19 paragraphs

Legaxy Laxury Shuttle v Okwemba (Civil Miscellaneous E343 of 2024) [2024] KEHC 12002 (KLR) (8 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12002 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Miscellaneous E343 of 2024

MS Shariff, J

October 8, 2024

Between

Legaxy Laxury Shuttle

Appellant

and

Livingstone Okwemba

Respondent

Ruling

1Upon consideration of the notice of motion dated 26. 9.24, the supporting affidavit sworn by Joan Turgut on even date and the enclosures therein and upon considering the oral submission of Ms. Musando Counsel for the Applicant in the absence of the Respondent, albeit served I do hereby note that there is no opposition to this application.

2The Applicant has made out a good case for grant of leave to file appeal out of time given the wrangles among the directors and shareholders of the instructing client Messr Directline Assurance Co. Limited.

3The Applicant is ready and willing to deposit the entire judgment sum as security for the due payment of the judgment sum in the event that the intended appeal is not successful. The Applicant has moved this court with speed as the impugned judgment was delivered on 1. 8.2024.

4I thus find merit in this application and I allow it and I make the following orders:-1. The Applicant is granted leave to file an appeal out of time against the judgment in Kisumu SCCC No. E235 of 2023 within 14 days from the date hereof.2. An order of stay of execution is issued against the judgment delivered on 1. 8.2024 in Kisumu SCC No. E235 of 2023: Livingstone Okwemba -vs- Legaxy Luxury Shuttle until the intended appeal is heard and determined on the following condition:-a)The judgment sum of Kshs.600,000 be deposited by the Applicant in a joint interest earning account of parties’ advocates in a reputable bank within 45 days from the date hereof.b)In the event of default in compliance with Order 2(a) above the Respondent shall be at liberty to execute.c)This file is marked as closed.

DELIVERED, DATED AND SIGNED AT KISUMU THIS 8TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE

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