[2021] KEHC 8041 (KLR)
The court found that the application for leave to appeal was made promptly following the delivery of the ruling, and that the applicant had demonstrated a right to appeal under Rule II (3) of the Advocates Remuneration Order. The respondent did not oppose the application. The court exercised its discretion to grant...
Source-derived case information.
- Citation
- [2021] KEHC 8041 (KLR)
- Parties
- Plaintiff: Nicholas Anwenyi Siro t/a (Riverside) Continental Resort; Defendant: Finlay Kirui; Defendant: Millenia Multi-Purpose Co-op Ltd
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 264 of 2009
- Procedural Posture
- Civil Application / Ruling on Application for Leave to Appeal
- Outcome
- leave to appeal granted
- Judges
- REA Ougo
- Legal Topics
- Leave to Appeal, Advocates Remuneration Order, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Anwenyi Siro t/a (Riverside) Continental Resort
Plaintiff
Finlay Kirui
Defendant
Millenia Multi-Purpose Co-op Ltd
Defendant
Procedural Posture
Civil Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to appeal to the Court of Appeal against the ruling and orders made on 12/2/2020.
- 2 Whether the application for leave was made within the prescribed time under the Advocates Remuneration Order.
Ratio Decidendi
The court found that the application for leave to appeal was made promptly following the delivery of the ruling, and that the applicant had demonstrated a right to appeal under Rule II (3) of the Advocates Remuneration Order. The respondent did not oppose the application. The court exercised its discretion to grant leave to appeal, noting that the application was timeous and that the applicant was aggrieved by the ruling. Leave to appeal was therefore granted, with the intended appeal to be filed within 30 days from the date of the ruling.
Court Disposition
leave to appeal granted
Orders
- Leave to appeal to the Court of Appeal is granted to the applicants in terms of Rule II (3) of the Advocates Remuneration Order.
- The intended appeal must be filed within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
HIGH COURT CIVIL NO.264 OF 2009
NICHOLAS ANWENYI SIRO t/a (RIVERSIDE) CONTINENTAL RESORT.............PLAINTIFF
VERSUS
FINLAY KIRUI........................................................................................................1ST DEFENDANTT
MILLENIA MULTI-PURPOSE CO-OP LTD........................................................2ND DEFENDANT
RULING
1. Before me is a Notice of Motion dated the 21/2/2020 filed by the defendant/Applicant. The applicant seeks leave to appeal to the Court of Appeal against the Ruling and orders made on the 12/2/2020. In its ground the applicant state that they desire to appeal against the orders made on the 12/2/2021 and that the appeal can only make to the Court of Appeal with the leave of the judge. They indicate that the application was made without delay.
2. The application is supported by the affidavit of Peter Karanja the advocate for the defendant. I have read it. The application was not opposed.
3. Under Rule II (3) of the Advocates Remuneration order, any person aggrieved by the decision of the judge upon any objection referred to such judge under sub paragraph (2) may with the leave of the judge but not otherwise, appeal to the Court of Appeal.
4. The Ruling was delivered on the 12/2/2020. A notice of appeal was filed on the 24/2/2020. The same date the applicants filed this application. The application was made timeously. The Respondent has no objection. At paragraph 2 to 4 the defendant counsel states how his client was aggrieved by this Court Ruling. Indeed, the defendant/applicants have a right of appeal. I therefore exercise my discretion and grant leave to the applicants in terms of Rule II (3) of the Advocates Remuneration order, the same to be filed within 30 days from the date of this Ruling.
Costs of the Notice shall abide in the intended appeal.
Dated, Signed and Delivered at KISII this 26th day of March, 2021.
R. E. OUGO
JUDGE
In the presence of:
Plaintiff Absent
1st & 2nd Defendants Absent
Ms Rael Court Assistant