Irene Wakeni Muthee & another v Grace Nyambura & another [2020] eKLR Case Summary

Court
High Court at Nairobi (Milimani Law Courts)
Category
Civil
Judge(s)
J. Kamau
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Irene Wakeni Muthee & another v Grace Nyambura & another [2020] eKLR


1. Case Information:
- Name of the Case: Irene Wakeni Muthee & George Githehu Kariuki v. Grace Nyambura & Purple Royal Auctioneers
- Case Number: Miscellaneous Civil Application No 453 of 2019
- Court: High Court of Kenya at Nairobi, Milimani Law Courts
- Date Delivered: 26th October 2020
- Category of Law: Civil
- Judge(s): J. Kamau
- Country: Kenya

2. Questions Presented:
The central legal issues to be resolved by the court include whether the Applicants should be granted leave to file an appeal out of time and whether an order for stay of execution pending the appeal should be issued.

3. Facts of the Case:
The Applicants, Irene Wakeni Muthee and George Githehu Kariuki, sought leave to appeal a Summary Judgment entered against them for Kshs 100,000 plus interest, which they claimed was based on the concealment of material facts and misrepresentation. They contended that they were not served with a Hearing Notice and that the proclamation of goods for execution was unlawful, particularly as the 2nd Applicant was not a party to the original Civil Suit No 5588 of 2014. The Applicants argued that their failure to file an appeal in time was inadvertent and not due to negligence.

4. Procedural History:
The Applicants filed their Notice of Motion application on 19th June 2019, seeking leave to appeal out of time and a stay of execution. The 1st Respondent, Grace Nyambura, opposed this application, arguing that it was defective and based on incorrect legal provisions. A preliminary issue arose regarding the irregularity of the Applicants' representation, as their new advocates had not sought the court's leave to come on record after judgment was entered. The court noted these procedural issues and ultimately deemed the application incompetent.

5. Analysis:
- Rules: The court considered the Civil Procedure Rules regarding the filing of appeals and the requirement for parties to disclose material facts when seeking leave to come on record.
- Case Law: The court referred to previous cases that emphasize the necessity of full disclosure of relevant facts and adherence to procedural rules when seeking judicial relief. The failure to comply with these principles can render applications defective and subject to dismissal.
- Application: The court found that the Applicants had not properly disclosed all material facts regarding their representation and the status of their previous advocates. Consequently, the application for leave to appeal and for a stay of execution was deemed incompetent and defective, leading to its dismissal.

6. Conclusion:
The court ruled against the Applicants, dismissing their application for leave to file an appeal out of time and for a stay of execution. The dismissal was based on procedural irregularities and the failure to disclose pertinent facts, highlighting the importance of compliance with legal protocols in civil proceedings.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya dismissed the Applicants' Notice of Motion application due to procedural defects and the lack of full disclosure of material facts. This case underscores the critical importance of adhering to procedural rules and ensuring all relevant information is presented to the court, as failure to do so can result in the dismissal of claims, thus impacting the Applicants' ability to appeal the underlying judgment.

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