[2017] KEHC 1175 (KLR)

Parties

Procedural Posture

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

Legal Issues

1. 1 Whether the applicants are entitled to stay of execution pending appeal.
2. 2 Whether the applicants have demonstrated sufficient cause for enlargement of time to file an appeal out of time.
3. 3 Whether the applicants have met the conditions for grant of stay under Order 42 Rule 6 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the applicants had provided a reasonable explanation for the delay in filing the appeal, namely the dissolution of their previous advocates' firm and the resultant communication breakdown. The explanation was not rebutted by the respondent. The court held that the applicants satisfied the threshold for extension of time under Section 79G of the Civil Procedure Act and the principles in Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others. On stay of execution, the court noted that the applicants had expressed willingness to provide security and that the respondent had not demonstrated ability to refund the decretal sum if the appeal succeeded. Applying Order 42 Rule...

Court Disposition

Application for stay of execution and leave to appeal out of time allowed on conditions.

Orders

• Appeal to be filed and served within 14 days from the date of the ruling.
• Stay of execution granted on condition that Kshs. 300,000 is paid to the claimant within 30 days from the date of the ruling; in default, the application stands dismissed.