[2024] KEHC 11130 (KLR)

[2024] KEHC 11130 (KLR)

The court found that the applicant had satisfied the requirements for grant of leave to appeal out of time and for stay of execution pending appeal. The applicant demonstrated willingness to provide security for the due performance of the decree and moved the court without unreasonable delay. The court exercised its...

Source-derived case information.

Citation
[2024] KEHC 11130 (KLR)
Parties
Applicant: Simon Mbugua Thongu T/A Eldoret Express; Respondent: Ann Kwendo Olisa (Suing as legal representative of Loreen Jackline Kweno (Deceased))
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E212 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal and Stay of Execution
Outcome
application allowed with conditions
Judges
MS Shariff
Legal Topics
Leave to Appeal, Stay of Execution, Security for Judgment, Appeal Timelines
Source Language
en
Civil Procedure Leave to Appeal Stay of Execution Security for Judgment Appeal Timelines

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Parties

Simon Mbugua Thongu T/A Eldoret Express

Applicant

Ann Kwendo Olisa (Suing as legal representative of Loreen Jackline Kweno (Deceased))

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time against the judgment in Kisumu CMCC No. E051 of 2023.
  2. 2 Whether an order of stay of execution of the judgment should be granted pending the intended appeal.
  3. 3 What conditions, if any, should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for grant of leave to appeal out of time and for stay of execution pending appeal. The applicant demonstrated willingness to provide security for the due performance of the decree and moved the court without unreasonable delay. The court exercised its discretion to grant leave to appeal and stay of execution on condition that the applicant deposits the decretal sum in a joint interest earning account of the parties' advocates within 45 days. Failure to comply with this condition would result in the lapse of the stay orders and the respondent would be at liberty to execute the judgment.

Court Disposition

application allowed with conditions

Orders

  • The applicant is granted leave to file an appeal against the judgment in Kisumu CMCC No. E051 of 2023 within 3 days from the date hereof.
  • An order of stay of execution of the judgment delivered on 28.3.2024 in Kisumu CMCC No. E051 of 2023 is granted until the intended appeal is heard and determined, on condition that the applicant deposits KShs.3,484,432 in a joint interest earning account of parties' advocates within 45 days.