RULING
The appellant herein the County Government of Kwale filed the appeal herein through the memorandum of appeal dated 27th August 2025 and filed in court on 25th September 2025.
The respondent has filed a notice of preliminary objection dated 25th November 2025 against the appeal based on two grounds that:
That the appellant filed the appeal out of the stipulated timelines granted by this court in Kwale HCC Civil Misc. Application No. E052 of 2025.
That the appellant failed to comply with the conditions for filing the appeal out of time, to wit, depositing of the decretal sum in a joint interest-earning account within the prescribed timelines.
The respondent therefore prays that the appeal be struck out with costs.
I have considered the preliminary objection and the ruling in Kwale HCC Civil Misc. Application No. E052 of 2025.
It is correct as stated in the preliminary objection that on 5th July 2025, this court in HCC Civil Misc. Application No. E052/2025 granted the appellant leave to file appeal out of time within 21 days, and, an order of stay of execution of the judgment dated 26th February 2025 and the ensuing decree in Kwale MCCC No. 121 of 2023, Mwero Hamisi Mwajimbo v. County Government of Kwale, pending the hearing and determination of the intended appeal.
The two orders above were granted on condition that the applicant/intended appellant, now appellant herein, deposits into a joint interest-earning account opened between the counsels of the parties with a reputable bank the entire decretal sum within 30 days of the order. Further, that, failure by the applicant/intended appellant to abide by those conditions, the application dated 5th May 2025 would be deemed as dismissed, and the respondent would be at liberty to execute.
The notice of preliminary objection states that the terms of the said orders were never complied with. There is no indication on the file that the terms of the orders were complied with. It is evident from the court stamp appearing on the memorandum of appeal that it was filed on 25th September 2025, way after the due date, which was on or before 26th July 2025.
Filing of the appeal herein was premised on the appellant's compliance with the court's orders above. There being non-compliance with the same, I find that the appeal filed herein is incompetent for failure by the appellant to abide by the terms set by the court.
Consequently, the same is struck out with costs to the Respondent.
Orders accordingly.
Dated, signed and delivered on the virtual platform Microsoft Teams this 13th day of April 2026.
In the presence of:
N/A for the Appellant.
Juma (Ms) for the Respondent.
Ummu: Court assistant.
The appellant herein the County Government of Kwale filed the appeal herein through the memorandum of appeal dated 27th August 2025 and filed in court on 25th September 2025.
The respondent has filed a notice of preliminary objection dated 25th November 2025 against the appeal based on two grounds that:
That the appellant filed the appeal out of the stipulated timelines granted by this court in Kwale HCC Civil Misc. Application No. E052 of 2025.
That the appellant failed to comply with the conditions for filing the appeal out of time, to wit, depositing of the decretal sum in a joint interest-earning account within the prescribed timelines.
The respondent therefore prays that the appeal be struck out with costs.
I have considered the preliminary objection and the ruling in Kwale HCC Civil Misc. Application No. E052 of 2025.
It is correct as stated in the preliminary objection that on 5th July 2025, this court in HCC Civil Misc. Application No. E052/2025 granted the appellant leave to file appeal out of time within 21 days, and, an order of stay of execution of the judgment dated 26th February 2025 and the ensuing decree in Kwale MCCC No. 121 of 2023, Mwero Hamisi Mwajimbo v. County Government of Kwale, pending the hearing and determination of the intended appeal.
The two orders above were granted on condition that the applicant/intended appellant, now appellant herein, deposits into a joint interest-earning account opened between the counsels of the parties with a reputable bank the entire decretal sum within 30 days of the order. Further, that, failure by the applicant/intended appellant to abide by those conditions, the application dated 5th May 2025 would be deemed as dismissed, and the respondent would be at liberty to execute.
The notice of preliminary objection states that the terms of the said orders were never complied with. There is no indication on the file that the terms of the orders were complied with. It is evident from the court stamp appearing on the memorandum of appeal that it was filed on 25th September 2025, way after the due date, which was on or before 26th July 2025.
Filing of the appeal herein was premised on the appellant's compliance with the court's orders above. There being non-compliance with the same, I find that the appeal filed herein is incompetent for failure by the appellant to abide by the terms set by the court.
Consequently, the same is struck out with costs to the Respondent.
Orders accordingly.
Dated, signed and delivered on the virtual platform Microsoft Teams this 13th day of April 2026.
In the presence of:
N/A for the Appellant.
Juma (Ms) for the Respondent.
Ummu: Court assistant.