[2024] KEHC 11161 (KLR)
The court declined to certify the application as urgent because it was not filed in accordance with the High Court Vacation Rules and there was no demonstrated urgency, particularly as the costs of the suit had not been assessed. The court directed that the applicant serve the respondent with the application, after...
Source-derived case information.
- Citation
- [2024] KEHC 11161 (KLR)
- Parties
- Applicant: Gladys Morangi Momanyi; Respondent: Lillian Adhiambo Nyaganya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E022 of 2024
- Procedural Posture
- Miscellaneous Application / Directions
- Outcome
- Application not certified as urgent; directions issued for service and further submissions.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Extension of Time, Vacation Rules, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Morangi Momanyi
Applicant
Lillian Adhiambo Nyaganya
Respondent
Procedural Posture
Miscellaneous Application / Directions
Legal Issues
- 1 Whether the application for stay of execution and extension of time to appeal should be certified as urgent.
- 2 Whether the application was properly filed in accordance with the High Court Vacation Rules.
- 3 Whether the applicant is entitled to interim relief before service on the respondent.
Ratio Decidendi
The court declined to certify the application as urgent because it was not filed in accordance with the High Court Vacation Rules and there was no demonstrated urgency, particularly as the costs of the suit had not been assessed. The court directed that the applicant serve the respondent with the application, after which the respondent would have ten days to respond. The matter was set for oral submissions, emphasizing procedural compliance and the absence of immediate risk justifying urgent intervention.
Court Disposition
Application not certified as urgent; directions issued for service and further submissions.
Orders
- Applicant to serve the respondent with the application forthwith.
- Respondent to file and serve a replying affidavit within ten days of service.
Full Case Text
Judgment text and source record
25 paragraphs
Momanyi v Nyaganya (Civil Miscellaneous Application E022 of 2024) [2024] KEHC 11161 (KLR) (24 September 2024) (Directions)
Neutral citation: [2024] KEHC 11161 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Miscellaneous Application E022 of 2024
RE Aburili, J
September 24, 2024
Between
Gladys Morangi Momanyi
Applicant
and
Lillian Adhiambo Nyaganya
Respondent
Directions
1. This is a Siaya High Court matter mapped to me at Kisumu High Court as the duty court since Siaya High Court has not been allocated a resident Judge following the untimely death of the Presiding Judge, Hon. D.O. Ogembo.
2. This matter was filed during the recess and was mapped to the recess duty Judge Hon. Lady Justice Bett Alice Chepngetich Soi at Kakamega High Court.
3. The court did not certify the application dated 10th September 2024 as it was not filed in accordance with the High Court Vacation Rules.
4. I have considered the application dated 10th September 2024. I observe that the judgment sought to be challenged out of time was rendered on 8th August 2024 in Bondo SPMCC No. E005 of 2024.
5. The Applicant delayed in filing an appeal within time and she also seeks for stay of execution of decree in the above case pending the hearing and determination of the application and eventually, the appeal once filed.
6. I do not find any urgency involved as costs of the suit have not been assessed.
7. I decline to certify it as urgent and direct the Applicant to serve the Respondent with the application in question forthwith, upon which the Respondent will have ten (10) days of the date of service to file and serve a replying affidavit.
8. Parties to appear in court for brief oral submissions on the application on 24th October 2024 in the event that they do not agree on any possible terms of settling the application amicably.
9. These directions to be typed and uploaded in the CTS and parties counsel to be notified forthwith to comply.
10. I so direct.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE