Rapemo v Ogile (Miscellaneous Application E011 of 2022) [2022] KEELC 13838 (KLR) (31 October 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13838
- Citation
- [2022] KEELC 13838 (KLR)
- Decided
- 31 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for stay of execution and leave of court to file the appeal out of timeCoramGMA ONGONDO
Holding
Only prayer 2 for stay of execution of the judgment is hereby granted.
Facts
The applicant, Daniel Owuor Rapemo, filed an application seeking leave to file an appeal out of time and a stay of execution of the judgment and order issued by the trial court. The respondent, Elina Aluoch Ogile, opposed the application.
Issues
- Whether the applicant's prayer for extension of time is merited?
- Whether the applicant is entitled to an order of stay of execution.
Reasoning
The court finds the respondent's contention as contained in paragraphs 5, 6, and 9 of the judgment quite cogent. The applicant has failed to advance sufficient and good reason for the grant of the orders of stay of execution of the trial court's judgment.
Outcome
The application is partly granted, with only prayer 2 for stay of execution of the judgment being granted.
Orders
- That this honourable court be pleased to grant leave to the Applicant/Appellant to file Memorandum of Appeal out of time.
- That this honourable court be pleased to grant an order for stay of execution of the judgment and the consequential order issued on the 14th day of September 2021 in Homa Bay Chief Magistrate’s Court Civil Suit No. 66 of 2019 pending the hearing and determination of this application.
- The costs of the Application be provided for.
Remedies
- The applicant's counsel shall file the appeal and serve the record of appeal within forty (40) days from this date.
Authorities cited
Legislation (4)
- Civil Procedure Act, Chapter 21 Laws of Kenya
- Civil Procedure Rules, 2010
- Order 42 Rules 1, 2, 4 and 6
- Order 51 Rule 1
Cases cited (5)
- Edith Gichungu Koine –vs- Stephen Njangi Thoithi (2014) eKLR
- Stecol Corporation Limited –vs- Susan Awuor Mudembi (2021) eKLR
- Butt-vs-Rent Restriction Tribunal (1979) eKLR
- Philip Keipto Chemwolo and another–vs-Augustine Kubende (1986) eKLR
- Order 42 Rule 6(2) of the Civil Procedure Rules, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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