[2024] KEHC 8342 (KLR)

Source-derived case information.

Citation: [2024] KEHC 8342 (KLR)
Parties: Appellant: Joyce Anyango Ochieng T/A Joyrowl Limited; Respondent: Felix Odhiambo Abuor T/A Planet Technical Solutions Ltd
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Civil Appeal E122 of 2024
Procedural Posture: Civil Appeal / 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, Appeals Process, Small Claims Judgment
Source Language: en

Civil Procedure Leave to Appeal Out of Time Stay of Execution Appeals Process Small Claims Judgment

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Summary, issues, holding and outcome

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Parties

Joyce Anyango Ochieng T/A Joyrowl Limited

Appellant

Felix Odhiambo Abuor T/A Planet Technical Solutions Ltd

Respondent

Procedural Posture

Civil Appeal / 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 of the lower court's judgment should be granted pending appeal.
3 What conditions should attach to the grant of stay of execution.

Ratio Decidendi

The court found that the applicant had provided sufficient explanation for the delay in filing the appeal and that the interests of justice warranted granting leave to appeal out of time. The court also determined that a stay of execution was justified to preserve the subject matter of the appeal, provided that the applicant deposits the entire decretal sum in a joint interest earning account as security. The orders were made to balance the rights of both parties and ensure the appeal is heard on its merits without rendering it nugatory.

Court Disposition

Application allowed with conditions.

Orders

Leave granted to file appeal out of time; memorandum of appeal deemed duly filed.
Applicant to file and serve record of appeal within 7 days; submissions within 14 days.

Full Case Text

Judgment text and source record

16 paragraphs

Ochieng t/a Joyrowl Limited v Abuor t/a Planet Technical Solutions Ltd (Civil Appeal E122 of 2024) [2024] KEHC 8342 (KLR) (9 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8342 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal E122 of 2024

MS Shariff, J

July 9, 2024

Between

Joyce Anyango Ochieng T/A Joyrowl Limited

Appellant

and

Felix Odhiambo Abuor T/A Planet Technical Solutions Ltd

Respondent

Ruling

1. I have considered the notice of motion dated 22nd May 2024 and the affidavit in support thereof sworn by Joyce Anyango Ochieng on even date and I have also considered the oral submissions of Ms. Angiela advocate for the Applicant and I have also perused an affidavit sworn by Victor Odhiambo Ogik on 8th July 2024 and I am persuaded to allow the application and I thus make the following orders.1. The Applicant is hereby granted leave to file an appeal out of time and the memorandum of appeal dated 22nd May 2024 and filed on 16. 6.2024 is hereby deemed as timeously filed.2. The Applicant/Appellant is directed to file and serve her record of appeal within 7 days from the date hereof and her submissions within 14 days from the date hereof.3. The Respondent is directed to file his submissions within 28 days from the date hereof.4. An order of stay of execution of the judgment of Kisumu small Claims SCCOMM No. E494 of 2023 – Felix Odhiambo Abuor T/A Planet Technical Solutions Ltd v Joyce Anyango Ochieng T/A Joyrowl Limited is hereby issued until this appeal is heard and determined on the following conditions:(i)The Appellant is directed to deposit the entire decretal sum of Kshs.528,495 in a joint interest earning account of parties’ advocates within 28 days from the date hereof.(ii)In the event of default of order (i) hereinabove execution to issue.5. Mention on August 8, 2024 to confirm compliance.6. The Appellant to issue notice to the Respondent of the above directions.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF JULY, 2024. M. S. SHARIFFJUDGE

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