[2020] KEHC 2143 (KLR)
The court found that the applicants had provided plausible grounds for their delay in filing the appeal, specifically the lack of notice of the judgment and the impact of the Covid-19 pandemic on their ability to instruct counsel. The absence of opposition from the respondents further supported the application....
Source-derived case information.
- Citation
- [2020] KEHC 2143 (KLR)
- Parties
- Applicant: United Millers Limited; Applicant: Dennis Cheruiyot Bett; Respondent: Silali Joseph Juma; Respondent: Richard Barasa Wambacha
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 18 & 19 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Millers Limited
Applicant
Dennis Cheruiyot Bett
Applicant
Silali Joseph Juma
Respondent
Richard Barasa Wambacha
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file an appeal out of time against the judgment of the lower court.
- 2 Whether the applicants have provided sufficient reasons for the delay in filing the appeal.
- 3 Whether a stay of execution should be granted pending the intended appeal.
Ratio Decidendi
The court found that the applicants had provided plausible grounds for their delay in filing the appeal, specifically the lack of notice of the judgment and the impact of the Covid-19 pandemic on their ability to instruct counsel. The absence of opposition from the respondents further supported the application. Consequently, the court exercised its discretion to allow the application, granting the applicants leave to file their appeal out of time and ordering a stay of execution pending the determination of the appeal, subject to compliance with the filing timeline.
Court Disposition
application allowed
Orders
- Applicants granted 14 days from the date of the ruling to file their appeal.
- Stay of execution against the applicants pending determination of the appeal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISCELLANEOUS CIVIL APPLICATIONS NOS. 18 & 19 OF 2020 (CONSOLIDATED)
UNITED MILLERS LIMITED..................1ST APPLICANT
DENNIS CHERUIYOT BETT...................2ND APPLICANT
VERSES
SILALI JOSEPH JUMA..........................1ST RESPONDENT
RICHARD BARASA WAMBACHA......2NDRESPONDENT
RULING
1. The Applicants through their unopposed application dated 30th July 2020 are seeking that they be granted leave of this court to file an appeal out of time in respect to the judgement of the lower court in case number Kitale CMCC 23 of 2018. In that case the applicants were the defendants and the Respondent the Plaintiffs.
2. The affidavit in support of the application by one FRANKLINE NYAGA states that they were not notified of the date when the trial court delivered its judgement on the 23rd April 2020. He deponed that during that time their offices had been affected by the Covid 19 Pandemic and could not therefore give instructions to their lawyers on record. That it was only later that they learned of the court’s decision which according to him was without the usual notice.
3. The Respondent has not opposed the application either by way of grounds of opposition or a replying affidavit.
4. This court finds the grounds raised by the applicants plausible. The application is therefore allowed. The Applicants are hereby granted 14 days from the date herein to file their appeal.
5. Meanwhile there be stay of any execution against the Applicants pending the determination of the said appeal. In default of filing the appeal as directed above the Respondents be at liberty to execute against the Applicants.
6. Orders accordingly.
Dated, Signed and Delivered at Kitale this 27th day of October 2020.
_________________
H. K. CHEMITEI
JUDGE
27/10/2020