[2015] KEHC 8308 (KLR)
The court found that the initial 30-day stay of execution granted on 31st July 2015 was inadequate due to its overlap with the High Court vacation, which hindered the applicant's ability to prepare records for the intended appeal. Recognizing this, the court exercised its discretion to extend the stay for a further...
Source-derived case information.
- Citation
- [2015] KEHC 8308 (KLR)
- Parties
- Plaintiff: Samson Ngugi Ichung’wa T/A Grenair; Defendant: National Industrial & Credit Bank Limited; Defendant: Raju Dhanani; Defendant: Joseph Gikonyo T/A Garam Investments
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 86 of 2010
- Procedural Posture
- Civil Case / Ruling on Application for Extension of Stay
- Outcome
- application for extension of stay granted
- Judges
- DO Ogembo
- Legal Topics
- Stay of Execution, Extension of Time, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Ngugi Ichung’wa T/A Grenair
Plaintiff
National Industrial & Credit Bank Limited
Defendant
Raju Dhanani
Defendant
Joseph Gikonyo T/A Garam Investments
Defendant
Procedural Posture
Civil Case / Ruling on Application for Extension of Stay
Legal Issues
- 1 Whether the stay of execution previously granted should be extended for a further period to allow the applicant to prepare records for an intended appeal.
Ratio Decidendi
The court found that the initial 30-day stay of execution granted on 31st July 2015 was inadequate due to its overlap with the High Court vacation, which hindered the applicant's ability to prepare records for the intended appeal. Recognizing this, the court exercised its discretion to extend the stay for a further 45 days from 31st August 2015. The court emphasized that this extension should be sufficient and made it clear that no further extensions would be granted. The decision was based on the need to ensure fairness to the applicant while also maintaining the finality and efficiency of court orders.
Court Disposition
application for extension of stay granted
Orders
- The stay of execution previously granted is extended for a further 45 days from 31st August 2015.
- No further extension of stay will be granted by this court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
CIVIL CASE NO. 86 OF 2010
SAMSON NGUGI ICHUNG’WA
T/A GRENAIR...................................PLAINTIFF
VERSUS
NATIONAL INDUSTRIAL
& CREDIT BANK LIMITED…............1ST DEFENDANT
RAJU DHANANI……….……..2ND DEFENDANT
JOSEPH GIKONYO T/A GARAM INVESTMENTS…...3RD DEFENDANT
R U L I N G
I have considered the application dated 28th August 2015. Although there are other prayers in the application, Mr. Mirie for the Applicant has submitted that the only thing he seeks is an extension of stay of 30 (thirty) days which was grated on 31st July 2015 and that if that is is allowed, the same will fully comprise the application. In my view, I agree with Mr. Mirie that the 30 (thirty) days stay granted on 31st July 2015 may not have been adequate as the same coincided with the High Court vacation. In that regard, I will extend the said stay with a further 45 (forty-five) days from 31st August 2015 to enable the Applicant prepared the records for the intended appeal. The period should suffice, and this court will not again extend the same.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI
THIS 3RD DAY OF SEPTEMBER 2015
E. K. O. OGOLA
JUDGE
PRESENT:
Mr. Mirie for the Plaintiff/Applicant
M/s Karanja for the 1st Defendant/Respondent
Mr. Walubengo for the 2nd Defendant/Respondent
Mr. Karanja for the 3rd Defendant/Respondent
Collins Odhiambo – Court Clerk