[2020] KEHC 2991 (KLR)
The court found that the applicant had demonstrated sufficient cause for the extension of time, specifically the hardship caused by the COVID-19 pandemic, and that the application was unopposed. Exercising its discretion, the court granted the extension, allowing the applicant a further 30 days to deposit the...
Source-derived case information.
- Citation
- [2020] KEHC 2991 (KLR)
- Parties
- Applicant: Nancy Chepkorir; Respondent: G.E. East Africa Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 709 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application to Extend Time for Compliance With Conditional Stay Order
- Outcome
- application allowed
- Judges
- BT Jaden
- Legal Topics
- Extension of Time, Stay of Execution, Decretal Sum Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Chepkorir
Applicant
G.E. East Africa Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Extend Time for Compliance With Conditional Stay Order
Legal Issues
- 1 Whether the court should extend the time for compliance with the conditional stay of execution order due to hardship caused by the COVID-19 pandemic.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the extension of time, specifically the hardship caused by the COVID-19 pandemic, and that the application was unopposed. Exercising its discretion, the court granted the extension, allowing the applicant a further 30 days to deposit the decretal sum in a joint interest earning bank account of the respective counsel for the parties or in court. The decision was guided by the principle that procedural timelines may be extended where justice so demands and no prejudice is caused to the other party.
Court Disposition
application allowed
Orders
- The time for compliance with the ruling dated 29th May, 2020 is extended by 30 days from the date of this ruling.
- The decretal sum to be deposited in a joint interest earning bank account of the respective counsel for the parties or in court within 30 days from the date hereof.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL APPEAL NO. 709 OF 2019
NANCY CHEPKORIR........................APPLICANT
VERSUS
G.E. EAST AFRICA LIMITED......RESPONDENT
RULING
1. The application dated 3rd July, 2020 seeks orders that the honourable court be pleased to extend the time within which to comply with the ruling dated 29th May, 2020 delivered by the Honourable Justice B. Thuranira Jaden within 30 days and/or such reasonable time as the honourable court may deem fit to order and/or direct.
2. It is stated that vide a ruling delivered herein on 29th May, 2020, the Applicant’s application for stay of execution was allowed on condition that the decretal sum be deposited in a joint interest earning bank account or in court within 30 days. That the Applicant was unable to comply with the timelines given by the court due to the hardship caused by the COVID 19 pandemic.
3. I have considered the application. The same is unopposed. No papers have been filed in opposition to the same. I allow the application as prayed. The decretal sum to be deposited in a joint interest earning bank account of the respective counsel for the parties or in court within 30 days from the date hereof.
Dated, signed and delivered in Nairobi this 29th day of Sept., 2020
B. THURANIRA JADEN
JUDGE