[2021] KEHC 2603 (KLR)
The court found that the principal application, dated 19th July 2019, was fundamentally defective as it failed to disclose the suit or judgment from which stay was sought and was unsupported by any documentary evidence. Without such essential information, the court could not grant any logical or effective orders....
Source-derived case information.
- Citation
- [2021] KEHC 2603 (KLR)
- Parties
- Applicant: Protus Waswa; Respondent: National Cereals and Produce Board
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 169 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement of Dismissed Application
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Reinstatement of Application, Dismissal for Non Attendance, Stay of Execution, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Protus Waswa
Applicant
National Cereals and Produce Board
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement of Dismissed Application
Legal Issues
- 1 Whether the application for reinstatement of the dismissed application should be allowed.
- 2 Whether the principal application disclosed sufficient information to warrant reinstatement.
Ratio Decidendi
The court found that the principal application, dated 19th July 2019, was fundamentally defective as it failed to disclose the suit or judgment from which stay was sought and was unsupported by any documentary evidence. Without such essential information, the court could not grant any logical or effective orders. Consequently, there was no basis to reinstate the dismissed application, as doing so would serve no practical purpose. The application for reinstatement was therefore dismissed, and costs awarded to the respondent.
Court Disposition
application dismissed
Orders
- The application dated 7th October 2020 is dismissed.
- The respondent shall have the costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
KAKAMEGA
MISCELLANEOUS CIVIL APPLICATION NO. 169 OF 2019
PROTUS WASWA……………..……………….……...….……..APPLICANT
VERSUS
NATIONAL CEREALS AND PRODUCE BOARD..…...…RESPONDENT
RULING
1. These proceedings commenced by way of Motion, dated 19th July 2019, for temporary stay of execution of a judgment delivered in an undisclosed suit, and leave to appeal out of time.
2. The applicant listed that application for hearing on 18th November 2019, but he was not available to argue it, so the same was dismissed for non-attendance and want of prosecution.
3. He then moved another application dated 3rd December 2019, seeking to have the application dated 19th July 2019 reinstated. That application was allowed on 18th February 2020, and the said application was reinstated.
4. The application dated 19th July 2019 was then fixed for hearing on 28th September 2020. The applicant was not present to prosecute it, and that application was once again dismissed for want of prosecution.
5. What I am called to determine is an application dated 7th October 2020, which seeks reinstatement of the dismissed applications. The principal application, dated 19th July 2019, is incredibly vague. It does not disclose the suit from which the judgment sought to be stayed was delivered. No document is attached to the supporting affidavit. There is no evidence whether the judgment emanated from a decision of the High Court or a magistrate’s court. If a magistrates court, it is not indicated which one, and in which suit. It would serve no purpose to reinstitute the said application, for no logical orders can ever be granted on it.
6. The application dated 7th October 2020 is hereby dismissed. The respondent shall have the costs. It is so ordered.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29th DAY OF October 2021
W. MUSYOKA
JUDGE