[2025] KEHC 6473 (KLR)

[2025] KEHC 6473 (KLR)

The court found that the appellant failed to comply with the express conditions set out in the order of 28/11/2024, specifically the requirement to deposit the decretal sum in a joint interest-earning account within 30 days. As the grant of leave to appeal and stay of execution was expressly conditional upon such...

Source-derived case information.

Citation
[2025] KEHC 6473 (KLR)
Parties
Appellant: Julius Kabogo Ndunge; Respondent: Joseph Wanjau Gathuri
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
15 May 2025
Case Number
Civil Appeal E120 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal and Stay of Execution
Outcome
application for leave to appeal marked abandoned; file closed; no order as to costs
Judges
EM Muriithi
Legal Topics
Leave to Appeal, Stay of Execution, Compliance With Court Orders
Source Language
english
Civil Procedure Leave to Appeal Stay of Execution Compliance With Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Julius Kabogo Ndunge

Appellant

Joseph Wanjau Gathuri

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether the appellant complied with the conditions for leave to appeal and stay of execution as ordered by the court.
  2. 2 Whether leave to appeal should lapse due to non-compliance with the court's conditional order.

Ratio Decidendi

The court found that the appellant failed to comply with the express conditions set out in the order of 28/11/2024, specifically the requirement to deposit the decretal sum in a joint interest-earning account within 30 days. As the grant of leave to appeal and stay of execution was expressly conditional upon such compliance, and no extension or variation of the order was sought or granted, the court held that the leave to appeal had lapsed by operation of the original order. The application for leave to appeal was therefore marked as abandoned, and the file was closed with no order as to costs.

Court Disposition

application for leave to appeal marked abandoned; file closed; no order as to costs

Orders

  • The application for leave to appeal is marked abandoned.
  • There shall be no order as to costs.