Legaxy Laxury Shuttle v Okwemba [2024] KEHC 12002 (KLR)

Legaxy Laxury Shuttle v Okwemba (Civil Miscellaneous E343 of 2024) [2024] KEHC 12002 (KLR) (8 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12002 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Miscellaneous E343 of 2024

MS Shariff, J

October 8, 2024

Between

Legaxy Laxury Shuttle

Appellant

and

Livingstone Okwemba

Respondent

Ruling

1Upon consideration of the notice of motion dated 26. 9.24, the supporting affidavit sworn by Joan Turgut on even date and the enclosures therein and upon considering the oral submission of Ms. Musando Counsel for the Applicant in the absence of the Respondent, albeit served I do hereby note that there is no opposition to this application.

2The Applicant has made out a good case for grant of leave to file appeal out of time given the wrangles among the directors and shareholders of the instructing client Messr Directline Assurance Co. Limited.

3The Applicant is ready and willing to deposit the entire judgment sum as security for the due payment of the judgment sum in the event that the intended appeal is not successful. The Applicant has moved this court with speed as the impugned judgment was delivered on 1. 8.2024.

4I thus find merit in this application and I allow it and I make the following orders:-1. The Applicant is granted leave to file an appeal out of time against the judgment in Kisumu SCCC No. E235 of 2023 within 14 days from the date hereof.2. An order of stay of execution is issued against the judgment delivered on 1. 8.2024 in Kisumu SCC No. E235 of 2023: Livingstone Okwemba -vs- Legaxy Luxury Shuttle until the intended appeal is heard and determined on the following condition:-a)The judgment sum of Kshs.600,000 be deposited by the Applicant in a joint interest earning account of parties’ advocates in a reputable bank within 45 days from the date hereof.b)In the event of default in compliance with Order 2(a) above the Respondent shall be at liberty to execute.c)This file is marked as closed.

DELIVERED, DATED AND SIGNED AT KISUMU THIS 8TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE