- Judgment was entered against the Applicant herein in Migori Chief Magistrates Court Civil Case No. E019 of 2022 in the sum of Kenya Shillings 916,100, interests at Kshs.106867, Cost of the suit Kshs.145,200 and further cost of Kshs. 2500/=.
- The Applicant sought for stay of execution of the judgment and by an order issued on 23.4.24 Wendoh J interim orders of stay orders were granted on condition that the Applicant deposits Kshs. 350,000 in court within 14 days. Having failed to comply with the conditions in the above application the Applicant has now come back to court claiming that the Applicant Insurer is in the process of complying with the said conditions and sought that the period granted to the Applicant for depositing Kshs. 350,000 be enlarged to enable the Applicant prosecute and finalize the Appeal.
- This court has considered the Application for stay of execution and being that the same is an exercise of the courts discretion the Applicant ought to have shown that they are deserving of the orders sought. There is no undertaking from the Insurance Company that they are in the process of complying with the said orders that were granted on 23rd April, 2024 and the Applicant has also not shown how Misc Application No. E470 of 2024 in Nairobi affects the rights of the Respondent in this matter where judgment was entered in her favour on 5.12.23 almost one year ago. The Applicant has not offered to deposit a security for costs which is a requisite for grant of an order of stay.
- The Application for stay lacks merit and the same is dismissed. The Application for leave to file an Appeal out of time from the Judgment and decree in Migori CCMC E019 of 2022 is allowed. The Applicant to file his Appeal within 30 days of todays date. No orders as costs.
Delivered dated and signed at Migori this 21st day of November, 2024.