Japheth Omari Ombeo v Robert Nyamache Siocha & 2 others [2019] KEHC 929 (KLR)
- Court
- High Court of Kenya
- Case number
- 929
- Citation
- [2019] KEHC 929 (KLR)
- Decided
- 27 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of costs and leave to appeal out of timeCoramR.E.Ougo
Holding
The application is dismissed with no orders as to costs
Facts
The applicant filed an election petition challenging the election of the 1st respondent. The petition was dismissed with costs assessed at Kshs. 3,842,010.95/=. The 1st respondent sought execution of the costs, leading to the applicant being committed to civil jail. Four years later, the applicant filed an application for stay of execution and leave to appeal out of time.
Issues
- Whether the applicant should be granted leave to file an appeal out of time against the taxation and certificate of costs
- Whether the applicant should be granted a stay of execution of the costs
Reasoning
The applicant has not given satisfactory reason for extending time to file an appeal out of time. The court finds the applicant indolent and does not exercise its discretion to extend time.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Gateway Insurance Company Ltd v Aries Auto Sprays Civil Appeal No. 317 of 2004 [2011] eKLR
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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