Ali Mohamed Mwanzia v National Bank of Kenya Limited [2018] KECA 454 (KLR)
- Court
- Court of Appeal
- Case number
- 454
- Citation
- [2018] KECA 454 (KLR)
- Decided
- 13 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to file Notice and Record of Appeal out of time and for stay of execution of the ruling and order of High CourtCoramW. Ouko (P), M. Warsame, A. K. Murgor
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, Ali Mohamed Mwanzia, sought leave to file an appeal out of time and a stay of execution of a decree issued in Milimani HCCC No. 1705 of 1997. The respondent, National Bank of Kenya Limited, had obtained an exparte judgment in the same case.
Issues
- Whether the applicant had filed an appeal in this Court (Civil Appeal No. 80 of 2015) challenging the respondent's exparte judgment in Milimani HCCC No. 1705 of 1997
- Whether the applicant had abused the court's exercise of discretion by failing to file the notice and record of appeal as earlier directed by the court
Reasoning
The court found that the applicant had not provided any explanation for the delay in filing the application and had not acted with discernment. The court declined to extend time to file the notice and record of appeal.
Outcome
Application dismissed
Orders
- Application for leave to file Notice and Record of Appeal out of time dismissed
- Application for stay of execution of the decree dismissed
Authorities cited
Cases cited (2)
- Mwangi vs Kenya Airways Ltd [2003] KLR 486
- LEO SILA MUTISO V. ROSE HELLEN WANGARI MWANGI (Civil Application No. Nai. 255 of 1997)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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