[2025] KEHC 10022 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, having only learned of the judgment in April 2025 and acted promptly thereafter. The application was unopposed, and the respondent did not file any response or appear in court. The court further held that the...
Source-derived case information.
- Citation
- [2025] KEHC 10022 (KLR)
- Parties
- Applicant: Juddy Mutungi; Respondent: Sylvester Mtawali Mgomba a.k.a Sylvester Mgomba
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E015 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application allowed.
- Judges
- AN Ongeri
- Legal Topics
- Leave to Appeal Out of Time, Stay of Execution, Service of Process
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juddy Mutungi
Applicant
Sylvester Mtawali Mgomba a.k.a Sylvester Mgomba
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 appeal out of time.
- 2 Whether a stay of execution pending appeal should be granted.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in filing the appeal, having only learned of the judgment in April 2025 and acted promptly thereafter. The application was unopposed, and the respondent did not file any response or appear in court. The court further held that the interests of justice warranted granting a stay of execution pending appeal, subject to the applicant depositing the entire decretal sum within 45 days as security. The Memorandum of Appeal filed was deemed properly filed, and directions were given for further proceedings.
Court Disposition
Application allowed.
Orders
- The entire decretal sum to be deposited within 45 days of the date of the ruling.
- The Memorandum of Appeal dated 29th April 2025 is deemed as properly filed.
Full Case Text
Judgment text and source record
20 paragraphs
Mutungi v Mgomba (Miscellaneous Application E015 of 2025) [2025] KEHC 10022 (KLR) (17 June 2025) (Ruling)
Neutral citation: [2025] KEHC 10022 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E015 of 2025
AN Ongeri, J
June 17, 2025
Between
Juddy Mutungi
Applicant
and
Sylvester Mtawali Mgomba a.k.a Sylvester Mgomba
Respondent
Ruling
1. The application dated 29th April 2025 was served upon the Respondent and an affidavit of service dated 6th June 2025 filed.
2. The application is seeking leave to appeal out of time and stay of execution pending appeal.
3. The same is not opposed since the Respondent has not filed any Replying Affidavit or appeared in court to oppose the same.
4. The Applicant said they learnt about the Judgment in April. The application is allowed in the following terms:-i.That the entire decretal sum is deposited within 45 days of this date.ii.That the Memorandum of Appeal filed dated 29th April 2025 herein be deemed as properly filed.
5. Mention on 7th October 2025 for filing of the Record of Appeal and for directions on the hearing of the appeal.
DATED, SIGNED AND DELIVERED THIS 17TH JUNE 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MillicentMr. Ndolo for ApplicantNo appearance for Respondent