STEPHEN WANDERI KAMAU vs GLADYS WANJIKU KUNGU [2004] KEHC 427 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CIVIL APPEAL NO. 184 OF 2003

STEPHEN WANDERI KAMAU……………………1ST APPELLANT

SOFITRA LIMITED…………………………………2ND APPELLANT

VERSUS

GLADYS WANJIKU KUNGU………………………RESPONDENT

RULING

By an application brought by way of a Notice of Motion under Order XLI rule 4 and Order L rule 12 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the applicants prayed for stay of execution of the judment pronounced on 26th Septemer, 2003 in Nakuru C.M.C.C. No. 1830 of 2002. They also prayed that the time allowed for filing of the appeal be extended.

In the affidavit sworn in support of the said application, it wa not stated that the applicants would suffer substantial loss if the application was not granted. Subsantial loss has to be proved in an appliction for stay of execution.

The purported appeal was filed on 19th November, 2003. No reason was stated as to why it was filed out of time contrary to the provisions of Section 79G of the Cvil Procedure Act. There was also unreasonable dealy in making the said applicationa d the delay was not explained at all.

I am in agreement with Mr. Oraro, the learned cousnelf or the respondent that for the aforesaid reasons the said application is for dismissal and I hereby dismiss the sam with costs to the respondent.

DATED, SIGNED & DELIVERED at Nakuru this ……………..ay of …………….2004.

DANIEL MUSINGA

AG. JUDGE