Ogutu v Odhiambo & another [2024] KEHC 6663 (KLR) | Leave To Appeal Out Of Time | Esheria

Ogutu v Odhiambo & another [2024] KEHC 6663 (KLR)

Full Case Text

Ogutu v Odhiambo & another (Miscellaneous Civil Application 161 of 2003) [2024] KEHC 6663 (KLR) (3 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6663 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application 161 of 2003

RE Aburili, J

June 3, 2024

Between

Jenipher Achieng Ogutu

Plaintiff

and

Francis Odhiambo

1st Defendant

Paresh N. Sedani

2nd Defendant

Ruling

1. This was an application for leave to appeal out of time and stay of execution of decree pending the hearing and determination of the intended appeal.

2. Since 2003, no action has been taken.

3. The application is overtaken by events and is demised.

4. It is dismissed for want of prosecution.

5. The file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024. R. E. ABURILIJUDGE