[2023] KEELC 15918 (KLR)
The court adopted the consent of the parties as the basis for its ruling, granting the extension of time for filing the appeal and staying execution of the trial court's decree. The court found that since both parties, through their respective counsel, had agreed to the terms set out in the draft consent order, it...
Source-derived case information.
- Citation
- [2023] KEELC 15918 (KLR)
- Parties
- Appellant: Michael Oyugi Oimo; Respondent: John Amenya Ngere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 048 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Interlocutory Application for Extension of Time and Stay of Execution
- Outcome
- Application allowed by consent; extension of time and stay of execution granted.
- Judges
- GMA Ongondo
- Legal Topics
- Extension of Time, Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Oyugi Oimo
Appellant
John Amenya Ngere
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Interlocutory Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the appellant should be granted extension of time to file the appeal.
- 2 Whether a stay of execution of the trial court's decree should be granted pending appeal.
Ratio Decidendi
The court adopted the consent of the parties as the basis for its ruling, granting the extension of time for filing the appeal and staying execution of the trial court's decree. The court found that since both parties, through their respective counsel, had agreed to the terms set out in the draft consent order, it was appropriate to allow the application as compromised. The orders were made to facilitate the hearing of the appeal on its merits and to preserve the status quo pending determination of the appeal. The court further directed the appellant to file and serve the record of appeal within 30 days and for the matter to be mentioned for directions.
Court Disposition
Application allowed by consent; extension of time and stay of execution granted.
Orders
- Time for filing appeal extended; memorandum of appeal dated October 4, 2022 and filed on October 5, 2022 deemed properly filed.
- Stay of execution of the decree issued on May 16, 2022 granted pending hearing and determination of the appeal.
Full Case Text
Judgment text and source record
22 paragraphs
Oimo v Ngere (Environment and Land Appeal 048 of 2022) [2023] KEELC 15918 (KLR) (22 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15918 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 048 of 2022
GMA Ongondo, J
February 22, 2023
Between
Michael Oyugi Oimo
Appellant
and
John Amenya Ngere
Respondent
(Being an appeal from the original Chief Magistrate’s Land Case No. EO22 OF 2020 at Homa-Bay)
Ruling
1. The instant ruling is in respect of an application by way of a notice of motion dated October 4, 2022 by the appellant through the firm of G.S Okoth and Company Advocates. The appellant/applicant is seeking extension of time to file appeal, stay of execution of the trial court’s decree issued on May 16, 2022 against him.
2. By a draft consent order dated January 26, 2022 duly filed by Mr G.S Okoth learned counsel for the appellant and Nancy Nyarige, learned counsel for the respondent have compromised the application on the terms, inter alia;a.The stipulated time for filing appeal be extended and the memorandum of appeal dated October 4, 2022 and filed on the October 5, 2022 be deemed as properly filed.b.There be a stay of execution of the decree issued on the May 16, 2022 pending hearing and determination of the appeal.c.The costs of this application abide the result of the appeal.
3. So, the application is determined accordingly.
4. The appellant to file and serve record of appeal within the next 30 days from this date for directions on April 18, 2023.
5. The respondent’s counsel be served accordingly
6. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 22ND DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPRESENT:1. Ms P. Odhiambo instructed by G.S Okoth, learned Counsel for the appellant/applicant.2. Court Assistant, Okello.