Mohamed Gallo Galgalo v Abdullahi Omar Sheikh [2019] KEELC 480 (KLR)
The bottom line
#A Kajiado court let a late land appeal go ahead but refused to halt enforcement, showing Kenyan courts split these two requests.
What this practically means
#Executive summary
#Key legal issues
#Leave to appeal out of time
Leave granted for 21 days; delay explained by work-related travels and the draft memorandum of appeal raises triable issues
The court noted the delay of over three months since the 13th December 2018 judgment. It held that granting leave is discretionary and that extension of time is an equitable remedy available to a deserving party with an explained reason for delay. Although the applicant was represented when judgment was delivered, the court accepted his explanation of long work-related travels and, having perused the draft memorandum and found triable issues, gave the applicant the benefit of doubt.
Stay of execution pending appeal
Refused; the applicant failed to establish substantial loss or that the appeal would be rendered nugatory
Order 42 Rule 6(1) and (2) requires satisfaction that substantial loss may result, absence of unreasonable delay, and security for due performance. The court found the respondent had been in occupation of the suit land, the applicant had already been granted a 45-day stay, and no substantial loss or nugatory appeal was established, associating itself with the cited decisions.
Legal principles established
#- Extension of time is an equitable remedy available to a deserving party, and the reason for delay must be explained
- An applicant for stay of execution must demonstrate substantial loss, that the application was made without unreasonable delay, and provide security as ordered
Court orders
#- 1.The Applicant is granted leave of 21 days from the date hereof to lodge an Appeal against the Judgment and Decree issued in Kajiado CMCC No. 375 of 2007
- 2.The Application for stay of execution is unmerited and is disallowed
- 3.Costs will be in the cause
- On appeal from
- Chief Magistrates Court (Kajiado CMCC No. 375 of 2007)
- Kajiado CMCC No. 375 of 2007
- Jurisdiction invoked
- Sections 78G, 1A, 1B and 3A of the Civil Procedure Act; Order 51(1) and Order 42(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed Gallo Galgalo v Abdullahi Omar Sheikh [2019] KEELC 480 (KLR)", Case Analysis (2019). Kajiado CMCC No. 375 of 2007 (application dated 27th March, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/480/eng@2019-11-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.