[2021] KEHC 8940 (KLR)

[2021] KEHC 8940 (KLR)

The court found that the applicants were not notified of the judgment delivery date, and there was no evidence to the contrary. The delay of 24 days in filing the application after learning of the judgment was not inordinate, especially considering the need for board approval in an institutional setting. The...

Source-derived case information.

Citation
[2021] KEHC 8940 (KLR)
Parties
Applicant: The Principal Kathiani High School; Applicant: The Chairman, B.O.G Kathiani High School; Respondent: Joseph Mbugua Githehu t/a Mwaki Jumla Supplies
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
24 February 2021
Case Number
Miscellaneous Civil Application 131 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution Pending Appeal
Outcome
Application allowed.
Judges
GV Odunga
Legal Topics
Extension of Time, Stay of Execution, Appeals From Subordinate Courts, Judgment Notice Requirements
Source Language
english
Civil Procedure Extension of Time Stay of Execution Appeals From Subordinate Courts Judgment Notice Requirements

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Parties

The Principal Kathiani High School

Applicant

The Chairman, B.O.G Kathiani High School

Applicant

Joseph Mbugua Githehu t/a Mwaki Jumla Supplies

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated sufficient cause for extension of time to file an appeal out of time.
  2. 2 Whether the applicants are entitled to a stay of execution of the judgment and decree pending the intended appeal.
  3. 3 Whether the delay in filing the application was inordinate or excusable.

Ratio Decidendi

The court found that the applicants were not notified of the judgment delivery date, and there was no evidence to the contrary. The delay of 24 days in filing the application after learning of the judgment was not inordinate, especially considering the need for board approval in an institutional setting. The respondent did not demonstrate prejudice that could not be compensated by costs. The court emphasized the importance of notice for judgment delivery and the right to appeal, holding that the applicants had shown sufficient cause for extension of time. On the issue of stay, the court found that execution against a school would impact third parties (students), and that the respondent's...

Court Disposition

Application allowed.

Orders

  • Leave granted to the applicants to file and serve the Memorandum of Appeal within 10 days from the date of the ruling; in default, the application stands dismissed.
  • Stay of execution of the judgment and decree granted pending hearing and determination of the intended appeal.