[2024] KEHC 4654 (KLR)
The court found that, in the interest of justice, the applicant should be granted a stay of proceedings to allow the appeal to be heard and determined on its merits. The court was persuaded that the applicant had raised issues warranting consideration by the appellate court and that denying the stay would prejudice...
Source-derived case information.
- Citation
- [2024] KEHC 4654 (KLR)
- Parties
- Appellant: Trix Nnoli Magoba; Respondent: West Kenya Sugar Company Limited
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E019 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings allowed; appeal admitted; directions issued for filing and service of record of appeal.
- Judges
- WM Musyoka
- Legal Topics
- Stay of Proceedings, Ex Parte Hearing, Appeal Rights, Recall of Witness, Mis Diarising Hearing Dates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trix Nnoli Magoba
Appellant
West Kenya Sugar Company Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of proceedings in the trial court pending determination of the appeal.
- 2 Whether the applicant has demonstrated sufficient cause for the grant of stay of proceedings.
- 3 Whether the appeal is arguable and not frivolous.
Ratio Decidendi
The court found that, in the interest of justice, the applicant should be granted a stay of proceedings to allow the appeal to be heard and determined on its merits. The court was persuaded that the applicant had raised issues warranting consideration by the appellate court and that denying the stay would prejudice the applicant's right to a fair hearing. The court exercised its discretion to allow the application for stay, admitted the appeal, and issued directions for the filing and service of the record of appeal.
Court Disposition
Application for stay of proceedings allowed; appeal admitted; directions issued for filing and service of record of appeal.
Orders
- Stay of proceedings in Busia CMCCC No. E414 of 2021 granted pending determination of the appeal.
- The appeal is admitted.
Full Case Text
Judgment text and source record
22 paragraphs
Magoba v West Kenya Sugar Company Limited (Civil Appeal E019 of 2023) [2024] KEHC 4654 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4654 (KLR)
Republic of Kenya
In the High Court at Busia
Civil Appeal E019 of 2023
WM Musyoka, J
May 7, 2024
Between
Trix Nnoli Magoba
Appellant
and
West Kenya Sugar Company Limited
Respondent
(An appeal arising from orders made in the ruling of Hon. EA Nyaloti, Chief Magistrate, CM, delivered on 14th November 2023, in Busia CMCCC No. E414 of 2021)
Ruling
1. The application, that I am called upon to determine, is dated 20th December 2023. It seeks stay of the proceedings in Busia CMCCC No. E414 of 2021, pending hearing and determination of the instant appeal.
2. The background, based on the grounds on the face of the said application, and the affidavit sworn in support of it, is that the matter before the trial court proceeded ex parte, at a time when the Advocate for the applicant had mis-diarised the hearing date. The applicant applied to have the respondent recalled, to testify in evidence-in-chief afresh, and for cross-examination. It complains that the ruling, on that application, was delivered in the absence of its Advocate, dismissing the application. The instant appeal arises from the orders made in that ruling. It argues that it has a good appeal on the merits.
3. The respondent filed grounds of opposition, dated 12th April 2024, arguing that he was not party to the application, the subject of the impugned ruling; he was never served with that application; the grievances between the appellant and the trial court could not found basis for an appeal; the appeal and the application were fatally defective; and an appeal from the impugned orders did not lie as a matter of right.
4. I have considered the matter herein, and I am persuaded that, in the interest of justice, I should grant the orders sought. Let the applicant have its day in the appellate court, for the issues raised by itself in its memorandum of appeal, and by the respondent in his grounds of opposition, to be thrashed out.
5. In view of paragraph 4 hereabove, I allow the application, dated 20th December 2023, as prayed, seeing that I had already granted temporary relief on the basis of the said application.
6. To move the matter forward, I hereby admit the appeal, and direct the applicant to file and serve the record of appeal in the next 30 days. The matter shall be mentioned on 17th June 2024, for compliance and directions on the disposal of the appeal. Orders accordingly.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, THIS 7THDAY OF MAY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant, Busia.AdvocatesMr. Janver, instructed by O&M Law LLP, Advocates for the applicant.Ms. Eroba, instructed by Nandwa & Company, Advocates for the respondent.