Lore v Ojwaka & 2 others
The bottom line
#A Kenyan court struck out a stay application because the appeal notice was filed late, meaning no valid appeal existed to protect.
What this practically means
#Executive summary
#Key legal issues
#Whether the motion for stay of execution was competent in the absence of a valid appeal
The motion was incompetent; the notice of appeal was filed out of time on 22/06/2023 against a judgment of 25/05/2023, with no extension of time, so no appeal existed and the court had no jurisdiction.
Order 42 Rule 6(1) permits stay where an appeal exists. An appeal comes into existence upon lodging a notice of appeal within 14 days of the decision, or upon extension of time under Rule 4 of the Court of Appeal Rules. The appellant's notice of appeal was filed outside the statutory timeline and no leave was shown, so there was no substantive appeal, depriving the court of jurisdiction to entertain the stay application.
Legal principles established
#- Existence of a substantive appeal is a jurisdictional prerequisite for an application for stay of execution under Order 42 Rule 6; a notice of appeal filed outside the 14-day statutory period without extension of time does not create an appeal.
Court orders
#- 1.Notice of motion dated 25/07/2023 struck out
- 2.Costs awarded to the 1st respondent
- Jurisdiction invoked
- Order 42 Rule 6(1) and (2) of the Civil Procedure Rules - jurisdiction to grant stay premised on existence of a substantive appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lore v Ojwaka & 2 others", Case Analysis (2023). Environment and Land Appeal E026 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21232/eng@2023-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.