[2021] KEHC 6603 (KLR)
The court found that the delay in filing the appeal was not inordinate and that the applicant had provided satisfactory reasons for the delay. The draft Memorandum of Appeal raised arguable issues that deserved to be heard on appeal. Therefore, it was in the interest of justice to grant the applicant an extension of...
Source-derived case information.
- Citation
- [2021] KEHC 6603 (KLR)
- Parties
- Applicant: Vijay Kumar Garg T/A Kindo Laboratories Enterprises Ltd; Respondent: Anita Chemtai Kaos, Wilson Namunyu Omari (Suing as joint Administrators of the Estate of Reuben Kemboi Namunyu); Respondent: Lexman D Hirani T/A JSAN Enterprises
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 15 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- application for extension of time allowed; temporary stay of execution granted for 14 days; costs awarded to respondent
- Judges
- LK Kimaru
- Legal Topics
- Extension of Time, Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vijay Kumar Garg T/A Kindo Laboratories Enterprises Ltd
Applicant
Anita Chemtai Kaos, Wilson Namunyu Omari (Suing as joint Administrators of the Estate of Reuben Kemboi Namunyu)
Respondent
Lexman D Hirani T/A JSAN Enterprises
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an appeal out of time.
- 2 Whether a stay of execution should be granted pending the filing of a formal application for stay.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate and that the applicant had provided satisfactory reasons for the delay. The draft Memorandum of Appeal raised arguable issues that deserved to be heard on appeal. Therefore, it was in the interest of justice to grant the applicant an extension of time to file the appeal. However, the court agreed with the respondent that a stay of execution could not be granted in the absence of a pending appeal, and such an order would only be considered upon the formal filing of the appeal. Nonetheless, the court granted a temporary stay of execution for fourteen days to allow the applicant to file a formal application for stay in...
Court Disposition
application for extension of time allowed; temporary stay of execution granted for 14 days; costs awarded to respondent
Orders
- The applicant is granted extension of time to file and serve the Memorandum of Appeal within seven days.
- Temporary stay of execution of the judgment and decree is granted for fourteen days pending the filing of a formal application for stay in the appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC APPLICATION NO. 15 OF 2021
VIJAY KUMAR GARG T/A KINDO LABORATORIESENTERPRISES LTD ....APPLICANT
VERSUS
ANITA CHEMTAI KAOS, WILSON NAMUNYUOMARI (Suing as joint
Administrators of the Estate of REUBENKEMBOINAMUNYU .................. 1ST RESPONDENT
LEXMAN D HIRANI T/A JSAN ENTERPRISES..............................................2ND RESPONDENT
RULING
The judgment by the trial Magistrate ‘s court was delivered on 23rd March 2021. The Applicant filed the present application on 31st May 2021. This court is of the considered view that the delay is not inordinate. The court is convinced by the reasons put forward by the Applicant for the delay in filing the appeal on time. This court has seen the draft Memorandum of Appeal. It is satisfied that the issues raised therein are arguable and deserve to be ventilated on appeal. It will serve the interest of justice for the issues raised therein to be heard and determined on its merits.
In the premises therefore the Applicant’s application to be granted extension of time to file appeal out of time is allowed. The applicant shall file and serve the Memorandum of appeal within seven (7) days of today’s date. As for the application for stay of execution of the decree and judgment of the trial Magistrate, the same shall await the formal filing of the appeal. This court agrees with the Respondent that such orders cannot be granted since there is no pending appeal. The Respondent shall have the costs of this application which the court assesses at Kshs 15,000/-. Pending the filing of a formal application for stay in the Appeal, this court grants the Applicant temporary orders of stay of execution of the Judgment and decree for period of fourteen (14) days.
It is so ordered. File is ordered closed.
DATED AT KITALE THIS 3RD DAY OF JUNE, 2021.
L. KIMARU
JUDGE