[2024] KEHC 2623 (KLR)

Source-derived case information.

Citation: [2024] KEHC 2623 (KLR)
Parties: Applicant: John Calvins Owino Ogutu alias Kelvin Owino Ogutu; Applicant: John Odera Ochieng; Respondent: Elijah James Asieko; Respondent: Isack Esilaba Andale (Suing as the legal administrator of the Estate of the Late Raphael Ondeko Andale - Dcd)
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Miscellaneous Civil Application E021 of 2024
Procedural Posture: Miscellaneous Application / Interlocutory Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome: Temporary stay of execution granted pending hearing of the application; directions issued for negotiation or oral hearing.
Judges: RE Aburili
Legal Topics: Leave to Appeal Out of Time, Stay of Execution, Interlocutory Applications
Source Language: en

Civil Procedure Leave to Appeal Out of Time Stay of Execution Interlocutory Applications

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Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2

Parties

John Calvins Owino Ogutu alias Kelvin Owino Ogutu

Applicant

John Odera Ochieng

Applicant

Elijah James Asieko

Respondent

Isack Esilaba Andale (Suing as the legal administrator of the Estate of the Late Raphael Ondeko Andale - Dcd)

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Application for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

1 Whether the applicants should be granted leave to appeal out of time.
2 Whether a temporary stay of execution of the decree should be granted pending the hearing and determination of the application.

Ratio Decidendi

The court noted that the respondents had not filed any response due to technical issues with counsel mapping in the court's CTS system, and there was no pending request for mapping. In the interest of justice and to preserve the status quo, the court granted a temporary stay of execution of the decree in Maseno SPMCC No. E120 of 2019 pending the hearing and determination of the application for leave to appeal out of time and stay of execution. The court further directed the parties to negotiate and attempt an amicable settlement, failing which the application would be heard orally on a specified date.

Court Disposition

Temporary stay of execution granted pending hearing of the application; directions issued for negotiation or oral hearing.

Orders

A temporary stay of execution of decree in Maseno SPMCC No. E120 of 2019 is granted pending the hearing and determination of the application dated 20th February 2024.
If no consent is filed, the application dated 20th February 2024 shall be heard orally on 9th April 2024.

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