Kamondo v Maina (Civil Application E110 of 2022) [2023] KECA 947 (KLR) (28 July 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 947
- Citation
- [2023] KECA 947 (KLR)
- Decided
- 28 July 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file an appeal out of time and for stay of execution and stay of further proceedingsCoramSICHALE, JA
Holding
The court granted the application for extension of time to file an appeal out of time.
Facts
The applicant, Samuel Muiruri Kamondo, was a respondent in ELC Case No. 371 of 2013. On 7th March, 2022, the court ordered him to demolish structures on the suit land within 30 days, failing which he would be forcefully evicted and liable to serve 3 months' imprisonment. He filed a Notice of Appeal on 1st April, 2022.
Issues
- Whether the applicant is entitled to an extension of time to file an appeal out of time
- Whether the court should grant an order for stay of execution and stay of further proceedings
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules to extend the time for filing the appeal, considering the circumstances and the need to balance the interests of the parties.
Outcome
The court granted the application for extension of time to file an appeal out of time.
Orders
- Extension of time to file an appeal out of time
Authorities cited
Legislation (1)
- Court of Appeal Rules
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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