[2021] KEKC 21 (KLR)

[2021] KEKC 21 (KLR)

The court found that while the applicant cited reasons for delay in filing the appeal, such as professional obligations and counsel's illness, no documentary evidence was provided to substantiate these claims. The statutory framework under Section 79G of the Civil Procedure Act allows for extension of time if good and sufficient cause is shown, but the court was not satisfied that the threshold was met. Regarding the request for stay of execution, the applicant failed to demonstrate any substantial loss that would result if the stay was not granted, nor did she address the requirements under Order 42 rule 6(2) of the Civil Procedure Rules. Consequently, the application for leave to appeal...

Citation
[2021] KEKC 21 (KLR)
Parties
Applicant: UAM; Respondent: MOA
Court
Kadhis Courts
Court Station
Kadhis Court at Busia
Jurisdiction
Kenya
Judgment Date
5 February 2021
Case Number
Civil Case 1 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome
application dismissed
Judges
IN Nyaboga
Legal Topics
Leave to Appeal Out of Time, Stay of Execution, Appeals From Subordinate Courts
Source Language
English
Civil Procedure Leave to Appeal Out of Time Stay of Execution Appeals From Subordinate Courts

Case Brief

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Parties

UAM

Applicant

MOA

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has provided sufficient cause for leave to appeal out of time.
  2. 2 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.

Ratio Decidendi

The court found that while the applicant cited reasons for delay in filing the appeal, such as professional obligations and counsel's illness, no documentary evidence was provided to substantiate these claims. The statutory framework under Section 79G of the Civil Procedure Act allows for extension of time if good and sufficient cause is shown, but the court was not satisfied that the threshold was met. Regarding the request for stay of execution, the applicant failed to demonstrate any substantial loss that would result if the stay was not granted, nor did she address the requirements under Order 42 rule 6(2) of the Civil Procedure Rules. Consequently, the application for leave to appeal...

Court Disposition

application dismissed

Orders

  • The application for leave to appeal out of time and for stay of execution is dismissed with no order as to costs.
  • The applicant has leave to appeal against this ruling within 30 days from the date of delivery.