Case Metadata |
|
Case Number: | Civil Suit 27 of 2018 |
---|---|
Parties: | George Pb Ogengo v James Nandasaba,Martin Wanyonyi, Kennedy Wepulhulu, Standard Ltd & Centre for Human Rights & Democracy (Chrd) |
Date Delivered: | 21 Dec 2021 |
Case Class: | Civil |
Court: | High Court at Kakamega |
Case Action: | Ruling |
Judge(s): | William Musya Musyoka |
Citation: | George Pb Ogengo v James Nandasaba & 4 others [2021] eKLR |
Court Division: | Civil |
County: | Kakamega |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL SUIT NO. 27 OF 2018
GEORGE PB OGENGO...............................................................................................PLAINTIFF
VERSUS
JAMES NANDASABA......................................................................................1ST DEFENDANT
MARTIN WANYONYI.....................................................................................2ND DEFENDANT
KENNEDY WEPULHULU...............................................................................3RD DEFENDANT
THE STANDARD LTD......................................................................................4TH DEFENDANT
CENTRE FOR HUMAN RIGHTS & DEMOCRACY (CHRD)...................5TH DEFENDANT
RULING
1. What I am called upon to determine is an application dated 20th April 2021, for stay of execution pending appeal.
2. The impugned judgment was delivered on 12th February 2021. A notice of appeal was lodged herein on 22nd February 2021, within the fourteen days allowed under Rule 59 of the Court of Appeal Rules. The plaintiff then wrote to the court on 15th February 2021, asking for certified copies of the proceedings and ruling.
3. The application is opposed, and there are grounds of opposition that have been filed, essentially saying that sufficient cause has not been shown.
4. The plaintiff has taken all the preliminary steps in preparation for filing an appeal at the Court of Appeal. I believe justice of the situation favours status quo being maintained, to facilitate the hearing and disposal of the appeal, for an aggrieved party is entitled to a second opinion from an appellate court.
5. Consequently, I do hereby allow the application, dated 20th April 2021. The stay order shall be on condition that the appellant deposits the entire judgment amount in court, within the next thirty days, of the date of this order, in default of which the stay order shall lapse.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 20th DAY OF DECEMBER 2021
W. MUSYOKA
JUDGE
In the presence of:-
Erick Zalo – Court Assistant
N/A for the parties