[2015] KEHC 542 (KLR)
The court found that the applicant had complied with the consent order regarding the decretal sum, had paid part of the sum to the respondent, and had secured the balance. The application for stay of execution was filed promptly and was unopposed. The court also found merit in the application for leave to appeal out...
Source-derived case information.
- Citation
- [2015] KEHC 542 (KLR)
- Parties
- Applicant: Pioneer Plumbers Limited; Defendant: Jacob Nyongesa Mukhula
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 459 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Leave to Appeal Out of Time, Decretal Sum, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pioneer Plumbers Limited
Applicant
Jacob Nyongesa Mukhula
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal.
- 2 Whether leave to appeal out of time should be granted to the applicant.
Ratio Decidendi
The court found that the applicant had complied with the consent order regarding the decretal sum, had paid part of the sum to the respondent, and had secured the balance. The application for stay of execution was filed promptly and was unopposed. The court also found merit in the application for leave to appeal out of time, noting that it was filed timeously and that no prejudice would be occasioned to the respondent. Accordingly, the court granted a stay of execution pending the hearing and determination of the intended appeal and allowed the applicant to file and serve a memorandum of appeal within 21 days.
Court Disposition
application allowed
Orders
- Stay of execution of decree in Milimani CM CC 2273/2012 granted pending hearing and determination of the intended appeal.
- Applicant granted leave to file and serve a memorandum of appeal within 21 days from the date of the ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 459 OF 2015
PIONEER PLUMBERS LIMITED ….…………………….…..APPLICANT
VERSUS
JACOB NYONGESA MUKHULA ……………………………DEFENDANT
RULING
The appellant’s application dated 26th October 2015. The same is supported by an affidavit. The application seeks for stay of execution of decree in the lower court pending hearing and determination of this appeal. The applicant has demonstrated that they complied with the consent for disposal of the decretal sum. The application is not opposed though served upon the respondent. The application was filed timeously and the security is secured. I need not go into the issue of substantial loss in view of the consent securing the balance of decretal sum after part of it was paid to the respondent.
Accordingly, I grant the appellant stay of execution of decree in Milimani CM CC 2273/2012 pending hearing and determination of the intended appeal. On the application for leave to appeal out of time, I find it meritorious. It was filed timeously and no prejudice will be occasioned to the respondent if the applicant is granted leave to file an appeal out of time. Accordingly, I order that the applicant do file and serve a Memorandum of Appeal upon the respondent within 21 days from the date hereof. Costs shall be in the appeal as intended. Orders accordingly.
R.E. ABURILI
JUDGE
9/12/2015