Kamau v Nyaringi [2024] KEHC 13998 (KLR)

Kamau v Nyaringi (Civil Appeal E213 of 2024) [2024] KEHC 13998 (KLR) (Civ) (11 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13998 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts)

Civil

Civil Appeal E213 of 2024

TW Ouya, J

November 11, 2024

Between

Agnes Nyambura Kamau

Appellant

and

Abraham Muthee Nyaringi

Respondent

Ruling

1. This matter came up for Notice to show cause why the matter should not be dismissed today on 11th November 2024.

2. The subject application is Notice of motion application dated 22nd February 2024 by the Appellant which was brought under certificate of urgency together with a memorandum of Appeal dated 14th February and a prayer for stay of execution.

3. The application was compromised on 6th March 2024 before Hon. A. J Ongeri on the conditions that:i.Appellant to deposit the decretal sum of Kshs 500,000 in a joint account in the names of counsels for the parties within 45 days.ii.Appellant to file Records of Appeal within 45 days.

4. Counsel for the Appellant has submitted to court that they have had challenges obtaining the decree.

5. Counsel for the Respondent has submitted that the Appellant has failed to comply with the conditions of stay that were granted by court on 6th March 2024.

6. Counsel for Appellant has not demonstrated any justifiable reason why they have not complied by depositing the decretal sum in a joint interest earning account as was directed on 6/3/2024.

7. The explanation given by counsel about challenges in obtaining the decree is not justifiable because the lower court file has been available in the High Court Registry. Counsel could have filed the Record of Appeal together with the judgement appealed against. Any other documents could have been filed as supplementary Record of Appeal.

8. This matter was, mentioned before the Deputy registrar who forwarded the matter to this court for Notice to show cause Hearing.

9. Counsel for the Appellant has not demonstrated any justifiable cause why this appeal should continue to be retained.

10. Based on the above, I hereby order that this appeal be dismissed with costs to the Respondent.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER, 2024ROA 14 days.HON. T. W. OuyaJUDGE11/11/2024For Appellant Mshindi H/B for WandakaFor Respondent Sirima holding H/B for MuzihyaCourt Assistant Martin