[2024] KEHC 13352 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in complying with the condition for stay of execution, namely, the inability to access funds due to management disputes in Directline Assurance Co. Ltd. Given that the respondent conceded to the application, and in the interests...
Source-derived case information.
- Citation
- [2024] KEHC 13352 (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 321 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Extension of Time for Compliance With Stay of Execution Order
- Outcome
- application for extension of time allowed
- Judges
- MS Shariff
- Legal Topics
- Stay of Execution, Extension of Time, Compliance With Court Orders
- 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 Extension of Time for Compliance With Stay of Execution Order
Legal Issues
- 1 Whether the applicant should be granted an extension of time to comply with the condition for stay of execution.
- 2 Whether the reasons for non-compliance are sufficient to warrant the extension.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in complying with the condition for stay of execution, namely, the inability to access funds due to management disputes in Directline Assurance Co. Ltd. Given that the respondent conceded to the application, and in the interests of justice, the court exercised its discretion to extend the time for compliance by 30 days from the date of the ruling. The default clause attached to the original order remains in force, ensuring that the stay of execution is conditional upon compliance within the extended period.
Court Disposition
application for extension of time allowed
Orders
- The applicant's timeline for depositing Kshs.427,321.01 in a joint interest earning account is extended by 30 days from the date of this ruling.
- The default clause in the original order remains applicable.
Full Case Text
Judgment text and source record
20 paragraphs
Nyambok v Shikuku (Miscellaneous Case 321 of 2024) [2024] KEHC 13352 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13352 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 321 of 2024
MS Shariff, J
October 31, 2024
Between
Gabriel Okuku Nyambok
Plaintiff
and
Godfrey Ouma Shikuku
Defendant
Ruling
1. Whereas on 17. 9.2024 this court had granted the applicant orders of stay of execution pending appeal on condition that the sum of Kshs.427,321. 01 be deposited in an interest earning joint account of parties advocates within 30 days, there has been no compliance wherefore the Applicant seeks leave for its timeline for compliance thereto to be extended.
2. It has been submitted by Ms. Musando for the Applicant that the default was occasioned by the wrangles in the management of Ms. Directline Assurance Co. Ltd and that presently directions for appointment of new signatories to the said company’s account were made by Justice Mabeya in Milimani HCCC No. 328/2024: Directline Assurance Co. Ltd -vs- Samuel Kamau Macharia & 9 Others, wherefore the said instructing client will soon be in a position to meet its financial obligations.
3. Ms. Tilolo has conceded to this application and I thus allow it and the applicant’s timeline for depositing the sum of Kshs.427,321. 01 in a joint interest earning account of parties is hereby extended for a period of 30 days from the date hereof.
4. The default clause still applies.
5. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 31STDAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE