Daniel K. Gitau t/a Camp David Plaza v Lucy Wangari Maina [2015] KEHC 1349 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

MISCELLANEOUS CIVIL APPLICATION NO.  354 OF 2015

DANIEL K. GITAUT/A CAMP DAVID PLAZA …………………APPLICANT

VERSUS

LUCY WANGARI MAINA ………………….............……………RESPONDENT

COURT RULING

The application by the applicant amended on 26th August 2015 is not opposed.  It seeks for stay of execution  of decree in Thika  CM CC 1037 of 2010  pending  hearing  and determination  of this application  and pending  hearing  and determination  of the intending appeal.

The applicant also seeks  leave  of this court to be granted  extending  time within which  an appeal ought to have  been filed  from the judgment and  decree of the lower  court passed on 3rd July, 2015.

The applicant relies on the supporting affidavit sworn by Daniel K. Gitau sworn on 11th August 2015.

On 12th August 2015 Honourable Onyancha J granted interim stay conditional upon the whole decretal sum being deposited on court.

The said sums have since been deposited on court vide receipt No. 0363093.  The amount is 1,130,000/-.

For reasons  that the application is not opposed, I have no reason  why the same cannot be  granted to serve  the interests  of justice  and accord  the  applicant can opportunity to ventilate  his grievances  on appeal, while preserving the subject matter  of the appeal  so that  should the intended  appeal be successful, it  shall not be rendered  nugatory.

Accordingly, I grant the applicant leave to file an appeal out of time from the judgment and decree of Thika CM CC 1037/2010 delivered on 3rd July 2015.  The said appeal shall be filed and served within 15 days from the date hereof.

I further grant stay of execution of decree in the same suit until the said appeal if filed is heard and determined.

Costs of this application shall be in the intended appeal.

Orders accordingly.

R.E. ABURILI

JUDGE

14/10/2015