Case ID:176126

Vijay Kumar Garg t/a Kindo Laboratories

Enterprises Ltd v Anita Chemtai Kaos, Wilson Namunyu Omari (Suing as joint Administrators of the Estate of Reuben Kemboi Namunyu & another [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Application 15 of 2021

Parties:

Vijay Kumar Garg t/a Kindo Laboratories Enterprises Ltd v Anita Chemtai Kaos, Wilson Namunyu Omari (Suing as joint Administrators of the Estate of Reuben Kemboi Namunyu & Lexman D Hirani t/a Jsan Enterprises

Date Delivered:

03 Jun 2021

Case Class:

Civil

Court:

High Court at Kitale

Case Action:

Ruling

Judge(s):

Luka Kiprotich Kimaru

Citation:

Vijay Kumar Garg t/a Kindo Laboratories

Enterprises Ltd v Anita Chemtai Kaos, Wilson Namunyu Omari (Suing as joint Administrators of the Estate of Reuben Kemboi Namunyu & another [2021] eKLR

Court Division:

Civil

County:

Trans Nzoia

Case Outcome:

File closed

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

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

MISC APPLICATION NO. 15 OF 2021

VIJAY KUMAR GARG T/A KINDO LABORATORIES

ENTERPRISES LTD ....APPLICANT

VERSUS

ANITA CHEMTAI KAOS, WILSON NAMUNYU

OMARI (Suing as joint

Administrators of the Estate of REUBEN

KEMBOI

NAMUNYU .................. 1

ST

RESPONDENT

LEXMAN D HIRANI T/A JSAN ENTERPRISES..............................................2

ND

RESPONDENT

RULING

The judgment by the trial Magistrate ‘s court was delivered on 23

rd

March 2021. The Applicant filed the present application on 31

st

May 2021. This court is of the considered view that the delay is not inordinate. The court is convinced by the reasons put forward by the Applicant for the delay in filing the appeal on time. This court has seen the draft Memorandum of Appeal. It is satisfied that the issues raised therein are arguable and deserve to be ventilated on appeal. It will serve the interest of justice for the issues raised therein to be heard and determined on its merits.

In the premises therefore the Applicant’s application to be granted extension of time to file appeal out of time is allowed. The applicant shall file and serve the Memorandum of appeal within seven (7) days of today’s date. As for the application for stay of execution of the decree and judgment of the trial Magistrate, the same shall await the formal filing of the appeal. This court agrees with the Respondent that such orders cannot be granted since there is no pending appeal. The Respondent shall have the costs of this application which the court assesses at Kshs 15,000/-. Pending the filing of a formal application for stay in the Appeal, this court grants the Applicant temporary orders of stay of execution of the Judgment and decree for period of fourteen (14) days.

It is so ordered. File is ordered closed.

DATED AT KITALE THIS 3RD DAY OF JUNE, 2021.

L. KIMARU

JUDGE