[2013] KEHC 954 (KLR)
The court held that, according to Section 57 of the Interpretation and General Provisions Act, the computation of the 30-day period for execution excludes the day the order was made. Therefore, the execution carried out on 7th September 2013 was within the time allowed by the court's order dated 8th August 2013. The...
Source-derived case information.
- Citation
- [2013] KEHC 954 (KLR)
- Parties
- Applicant: Michael Kungu Kigia; Respondent: Meru Teachers House Ltd; Respondent: Japhet R. Nkonge t/a Japhet R. Nkonge Auctioneers; Respondent: Kiriinya c/o Nkonge Auctioneers; Respondent: Gitonga c/o Nkonge Auctioneers
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 246 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Execution Timing and Directions for Hearing
- Outcome
- Execution was in conformity with the court's order; directions issued for hearing and appeal admission.
- Judges
- FM Njoroge
- Legal Topics
- Execution of Orders, Computation of Time, Appeal Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kungu Kigia
Applicant
Meru Teachers House Ltd
Respondent
Japhet R. Nkonge t/a Japhet R. Nkonge Auctioneers
Respondent
Kiriinya c/o Nkonge Auctioneers
Respondent
Gitonga c/o Nkonge Auctioneers
Respondent
Procedural Posture
Civil Appeal / Ruling on Execution Timing and Directions for Hearing
Legal Issues
- 1 Whether execution of the court's order dated 8th August 2013 was conducted within the prescribed 30-day period.
- 2 What directions should be given regarding the hearing of the appellant's application and the admission of the appeal.
Ratio Decidendi
The court held that, according to Section 57 of the Interpretation and General Provisions Act, the computation of the 30-day period for execution excludes the day the order was made. Therefore, the execution carried out on 7th September 2013 was within the time allowed by the court's order dated 8th August 2013. The court found no irregularity in the timing of the execution and issued directions for the hearing of the appellant's application and the pursuit of the appeal's admission without further delay.
Court Disposition
Execution was in conformity with the court's order; directions issued for hearing and appeal admission.
Orders
- The application by the appellant dated 9.9.2013 to be heard on 23.10.2013.
- If the Judge is absent, the application to be heard by the Deputy Registrar.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 246 OF 2013
MICHAEL KUNGU KIGIA.............................................................................................APPLICANT
VERSUS
MERU TEACHERS HOUSE LTD....................................................................1ST RESPONDENT
JAPHET R. NKONGE/TA JAPHET R. NKONGE AUCTIONEERS..............2ND RESPONDENT
KIRIINYA C/O NKONGE AUCTIONEERS......................................................3RD RESPONDENT
GITONGA C/O NKONGE AUCTIONEERS.....................................................4TH RESPONDENT
R U L I N G
This ruling relates specifically as to whether execution of this Court's order dated 8th August, 2013, was done after expiry of the period of 30 days given therein.
Section 57 of the Interpretation and General Provisions Act reads as follows;
“A period of days from the happening of an act or thing shall be deemed exclusive of the day on which the event happens or the act or thing is done.”
In the circumstances the execution of the order of 7th September, 2013 was done in conformity with the time given by this Court.
Moving forward, I direct as follows:
The application by the Appellant dated 9. 9.2013 to be heard on 23. 10. 2013. Should the Judge, for any reason be absent, the application should be heard by this Court's Deputy Registrar.
The appellant should pursue the admission of his appeal without further delay.
Delivered in Meru this 9th day of October, 2013 in the presence :
Cc. Mwonjaru/Daniel
Ndubi h/b Gatari Ringera & 3, 4, respondents
Nyamu Nyaga for 1st Respondent
Michael Kungu Kigia – Appellant
P. M. NJOROGE
JUDGE