Momanyi v Nyaganya [2024] KEHC 11161 (KLR)

Momanyi v Nyaganya (Civil Miscellaneous Application E022 of 2024) [2024] KEHC 11161 (KLR) (24 September 2024) (Directions)

Neutral citation: [2024] KEHC 11161 (KLR)

Republic of Kenya

In the High Court at Siaya

Civil Miscellaneous Application E022 of 2024

RE Aburili, J

September 24, 2024

Between

Gladys Morangi Momanyi

Applicant

and

Lillian Adhiambo Nyaganya

Respondent

Directions

1. This is a Siaya High Court matter mapped to me at Kisumu High Court as the duty court since Siaya High Court has not been allocated a resident Judge following the untimely death of the Presiding Judge, Hon. D.O. Ogembo.

2. This matter was filed during the recess and was mapped to the recess duty Judge Hon. Lady Justice Bett Alice Chepngetich Soi at Kakamega High Court.

3. The court did not certify the application dated 10th September 2024 as it was not filed in accordance with the High Court Vacation Rules.

4. I have considered the application dated 10th September 2024. I observe that the judgment sought to be challenged out of time was rendered on 8th August 2024 in Bondo SPMCC No. E005 of 2024.

5. The Applicant delayed in filing an appeal within time and she also seeks for stay of execution of decree in the above case pending the hearing and determination of the application and eventually, the appeal once filed.

6. I do not find any urgency involved as costs of the suit have not been assessed.

7. I decline to certify it as urgent and direct the Applicant to serve the Respondent with the application in question forthwith, upon which the Respondent will have ten (10) days of the date of service to file and serve a replying affidavit.

8. Parties to appear in court for brief oral submissions on the application on 24th October 2024 in the event that they do not agree on any possible terms of settling the application amicably.

9. These directions to be typed and uploaded in the CTS and parties counsel to be notified forthwith to comply.

10. I so direct.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 24THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE