Ogutu alias Kelvin Owino Ogutu & another v Asieko & another (Suing as the legal administrator of the Estate of the Late Raphael Ondeko Andale - Dcd) [2024] KEHC 2623 (KLR)

Ogutu alias Kelvin Owino Ogutu & another v Asieko & another (Suing as the legal administrator of the Estate of the Late Raphael Ondeko Andale - Dcd) (Miscellaneous Civil Application E021 of 2024) [2024] KEHC 2623 (KLR) (12 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2623 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E021 of 2024

RE Aburili, J

March 12, 2024

Between

John Calvins Owino Ogutu alias Kelvin Owino Ogutu

1st Applicant

John Odera Ochieng

2nd Applicant

and

Elijah James Asieko

1st Respondent

Isack Esilaba andale

2nd Respondent

Suing as the legal administrator of the Estate of the Late Raphael Ondeko Andale - Dcd

Ruling

1. As the Respondents counsel have not been mapped in our CTS, they have been unable to file any response to the application dated 20th February 2024.

2. However, there is no request for mapping pending in our CTS.

3. In the meantime, I implore the parties to negotiate and reach an amicable settlement of either the decree or the application seeking leave to appeal out of time and stay of execution of decree pending the hearing and determination of the intended appeal.

4. Pending the hearing and determination of the application dated 20th February 2024 which is not certified as urgent, and or filing of any consent, I grant a temporary stay of execution of decree in Maseno SPMCC No. E120 of 2019.

5. If the parties do not file a consent, the application dated 20th February 2024 shall be heard orally on 9th April 2024.

6. These Directions to be typed and uploaded.

7. I so direct.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF MARCH, 2024R. E. ABURILI...............................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR