Case ID:166581

County Government of Garissa & 2 others v Takaful Insurance of Africa Limited (Kenya) [2020] eKLR

Case Metadata

Case Number:

Civil Application 170 of 2020

Parties:

County Government of Garissa, County Secretary Garissa County & Chief Officer Finance & Economic Planning Garissa County v Takaful Insurance of Africa Limited (Kenya)

Date Delivered:

20 Nov 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Sankale ole Kantai, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Citation:

County Government of Garissa & 2 others v Takaful Insurance of Africa Limited (Kenya) [2020] eKLR

Case History:

An application for stay of execution of the Ruling and Order of the High Court of Kenya at Garissa (Kariuki, J.) dated 12th February, 2020

in H.C.C.C. No. 8 of 2019

Court Division:

Civil

County:

Nairobi

History Docket No:

HCCC 8 of 2019

History Judges:

Charles Mutungi Kariuki

History County:

Garissa

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KIAGE, GATEMBU & KANTAI, JJ.A.)

CIVIL APPLICATION NO. 170 OF 2020

BETWEEN

THE COUNTY GOVERNMENT OF GARISSA ...................... 1

ST

APPLICANT

THE COUNTY SECRETARY GARISSA COUNTY.................2

ND

APPLICANT

CHIEF OFFICER FINANCE & ECONOMIC

PLANNING GARISSA COUNTY ..............................................3

RD

APPLICANT

AND

TAKAFUL INSURANCE OF AFRICA LIMITED (KENYA) ......RESPONDENT

(An application for stay of execution of the Ruling and Order of the High Court of Kenya at Garissa (Kariuki, J.) dated 12th

February, 2020

in H.C.C.C. No. 8 of 2019)

*****************

RULING OF THE COURT

The Motion dated 25th June, 2020 is brought pursuant to

rules 5(2) (b)

and 42

of the

rules of this Court

. The main prayers are that the applicant be granted leave to file a notice of appeal out of time against the ruling and orders of the High Court of Kenya at Garissa given on 12th February, 2020 in Garissa H.C.C.C. No. 8 of 2019 and the other prayer is that we be pleased to issue an order of stay of execution of the said ruling.

We note that there is a Judgment by the High Court where a money decree was issued and, on the application by the applicant, a conditional stay of execution was granted.

An application for extension of time for the doing of any act by the Court is provided for under

rule 4

of the

rules of this Court

. Such application is heard by a single Judge while an application for stay of execution is provided for under

rule 5(2) (b)

of the said

rules

, the latter is heard by the full court.

Our jurisdiction is triggered by a notice of appeal.

We note that, here, the applicant must first be heard on the application for leave to extend time to file a notice of appeal.

The proper order to make, which we hereby do, is that the Motion be placed before a single Judge under

rule 4

of the

rules of the Court

for the application for leave to extend time to file notice of appeal to be heard.

Dated and delivered at Nairobi this 20

th

day of November, 2020.

P.O. KIAGE

…………………………/

JUDGE OF APPEAL

S. GATEMBU KAIRU, FCIArb

……………………………

JUDGE OF APPEAL

S. ole KANTAI

…………………………..

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR