[2024] KEHC 10801 (KLR)
The court exercised its discretion to grant leave to the applicant to file an appeal out of time, noting the applicant's readiness to deposit the judgment sum as security and the absence of a substantive response from the respondent. The court further granted a stay of execution of the judgment in Kisumu SCC E005 of...
Source-derived case information.
- Citation
- [2024] KEHC 10801 (KLR)
- Parties
- Applicant: Gabriel Okuku Nyambok; Respondent: Godfrey Ouma Shikuku
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E321 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- application allowed with conditions
- Judges
- MS Shariff
- Legal Topics
- Leave to Appeal Out of Time, Stay of Execution, Vacation Rules, Security for Judgment Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Okuku Nyambok
Applicant
Godfrey Ouma Shikuku
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 file an appeal out of time.
- 2 Whether a stay of execution should be granted pending the intended appeal.
- 3 Whether security for the judgment sum should be ordered as a condition for stay.
Ratio Decidendi
The court exercised its discretion to grant leave to the applicant to file an appeal out of time, noting the applicant's readiness to deposit the judgment sum as security and the absence of a substantive response from the respondent. The court further granted a stay of execution of the judgment in Kisumu SCC E005 of 2024, conditional upon the applicant depositing the sum of Kshs. 4,227,321.01 in a joint interest earning account of the parties' advocates within 30 days. The orders were made to preserve the subject matter of the intended appeal and to balance the interests of both parties, ensuring that the respondent is secured against the risk of non-payment while not prejudicing the...
Court Disposition
application allowed with conditions
Orders
- The applicant is granted leave to file an appeal out of time. The record of appeal and submissions to be filed within 14 days from the date hereof.
- The respondent is directed to file his submissions within 24 days from the date hereof.
Full Case Text
Judgment text and source record
17 paragraphs
Nyambok v Shikuku (Miscellaneous Case E321 of 2024) [2024] KEHC 10801 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10801 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case E321 of 2024
MS Shariff, J
September 17, 2024
Between
Mr Gabriel Okuku Nyambok
Plaintiff
and
Godfrey Ouma Shikuku
Defendant
Ruling
1. I have considered the Applicant’s notice of motion dated 19th August 2024, the supporting affidavit sworn by Christine Musando on even date and the enclosure therein. I have also noted that the Applicant is ready and willing to deposit the judgment sum in a joint interest earning account of parties advocates.
2. This application was filed under the High Court vacation rules and to-date the Respondent is yet to file a response but seeks for a period of 7 days to do so. Given the concession made by the Applicant and upon considering the oral submissions of parties’ Counsels I do hereby allow the application and I make the following orders:-1. The Applicant is granted leave to file an appeal out of time. The record of appeal and submissions to be filed within 14 days from the date hereof.2. The Respondent is directed to file his submissions within 24 days from the date hereof.3. An order of stay of execution is hereby granted against the judgment in Kisumu SCC E005 of 2024 until the intended appeal is heard and determined on condition that the Applicant do deposit a sum of Kshs.4227,321. 01 in a joint interest earning account of parties advocates within 30 days from the date hereof.4. In the event of in compliance with Order (3) hereinabove the stay orders shall automatically lapse and the Respondent shall be at liberty to execute.5. Mention on 31. 10. 2024 to confirm compliance.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE