Hadija Mohammed v Peter Mungai Chege [2018] KEHC 7830 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

MISC. CIVIL APPLICATION NO.21 OF 2017

HADIJA MOHAMMED..............................RESPONDENT

VERSUS

PETER MUNGAI CHEGE.............................APPLICANT

RULING

1. The application before Court is brought pursuant to Order 42 rule 6 and Order 50 Rule 6 of the Civil Procedure rules 2010 and Sections 3A and 79(g) of the Civil Procedure Act.

2. The applicant is seeking for a stay of execution of the decree in Webuye SPMCC No.184 of 2009 Hadija Mohamed Vs Peter Mungai Chegepending hearing and determination of the intended appeal and for leave to appeal out of time.

3. The delay is attributed to a technological hitch; that an email sent to Counsel by the instructing client was not received.

4. The application was opposed by way of a replying affidavit stating that the application is not meritorious, it is unreasonable, no evidence was adduced to show that Counsel for the applicant informed his instructing client of the judgement on time, neither evidence showing that an email was sent and that failure to follow up the instructions sent through email amounts to negligence, the appeal has no chance of success, there is another application of stay in the lower Court and this application amounts to duplication of process.

5. I have considered the application and response thereof I find the reasons given sufficient to allow extention of time within which to file an appeal.  The appeal be filed within 14 days subject to the entire decretal amount being deposited in Court within the same time.

Costs to the respondent in any event.

DATED and DELIVERED at BUNGOMA this  1st  day of  February,    2018

ALI-ARONI

JUDGE