REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 11 OF 2007 (OS) E N K…………………..…...............................…..….PLAINTIFF VERSUS J N K………….….……………...........................…DEFENDANT RULING 1. The Motion dated 16th October 2015 seeks leave to appeal and stay of execution. The judgment proposed to be appealed against was delivered on 2 nd October 2015. The application is opposed. The respondent has filed an affidavit in opposition. 2. The parties have filed detailed written submissions on their respective positions. I have read through both sets of written submissions and noted the arguments advanced in them, inclusive of the caselaw cited. 3. The record indicates that the applicant filed a notice of appeal on 13 th October 2015 and also lodged a letter at the registry on 13th October 2015 asking for copies of the proceedings and judgment. 4. A party who is aggrieved of an order of this court is at liberty to get a second opinion from an appellate court. In any event, the application before me is not being sought after considerable delay. 5. I am inclined to allow the application dated 16th October 2015. Leave to appeal is hereby granted. It shall be for thirty (30) days from date hereof. There shall also be stay of execution of the said judgment. The stay shall equally be for thirty (30) days from date hereof. There shall be no order as to costs. DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017. W. MUSYOKA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.