Joseph G. Njoka & 5 others v Rose Mutitu Gachoki [2018] KEHC 745 (KLR)
- Court
- High Court of Kenya
- Case number
- 745
- Citation
- [2018] KEHC 745 (KLR)
- Decided
- 5 December 2018
The application has merits and the court allows it. There shall be stay of proceedings and execution in SRM CC 428/05 pending the hearing and determination of the intended appeal. Leave is granted to the applicants to file the appeal out of time.
Facts
The applicants filed an application seeking stays of execution and proceedings, and leave to appeal out of time. The judgment was delivered on 12/01/2009, and the plaintiff passed away on 31/12/2008. The applicants were advised to file an application for judicial review, but it was dismissed. They were granted an opportunity to file an appeal on 14/02/2014, but the application was dismissed due to the lack of a practicing certificate.
Issues
- Whether the court should grant stay of proceedings in SRM CC 428/2005 pending the hearing of this application and the appeal.
- Whether the applicant should be granted leave to appeal against the whole Judgment of Hon. Mr. A. K. Ithuku (SRM) delivered on 12/1/09.
Reasoning
The applicants explained the delay in filing the application and provided reasons for their actions. The court found that the applicants have proven their claim and deserve to be granted leave to appeal out of time.
Outcome
The application is allowed.
Orders
- Stay of proceedings and execution in SRM CC 428/05 pending the hearing and determination of the intended appeal.
- Leave is granted to the applicants to file the appeal out of time.
- Award of costs to the applicant.
Remedies
- Stay of proceedings and execution in SRM CC 428/05 pending the hearing and determination of the intended appeal.
- Leave to file the appeal out of time.
- Award of costs to the applicant.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law Reform Act
Cases cited (2)
- Paul Musili Wambua v Attorney General & 2 others [2015] eKLR
- Mochama v Mochama & 2 others [2015] eKLR
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