Abdub Liban v Jillo Guyo [2017] KEELC 439 (KLR)
- Court
- Environment & Land Court
- Case number
- 439
- Citation
- [2017] KEELC 439 (KLR)
- Decided
- 13 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppellant seeks to validate an appeal filed out of time and seek a stay of execution of the decree.CoramHon. L. N. MBUGUA, CA: Janet
Holding
The court allows the application and issues a stay of execution pending further orders.
Facts
The appellant filed an appeal against a judgment delivered on 21st June, 2017, in SPMCC No. 6 of 2013, Marsabit, but the appeal was filed out of time due to delays in obtaining typed and certified copies of the proceedings and judgment.
Issues
- Whether the appeal was filed out of time.
- Whether the delay in filing the appeal is inordinate.
- Whether the appellant had the benefit of counsel.
- Whether the respondent would suffer prejudice.
- Whether it is fair and just to validate the appeal and give the appellant a chance to challenge the judgment.
Reasoning
The court finds that the appellant was diligent in the process of appeal and that the delay in obtaining typed and certified copies of the proceedings and judgment was due to delays in obtaining them, not inordinate.
Outcome
The appeal is validated and a stay of execution is issued.
Orders
- A stay of execution is issued in respect of the Judgment and decree in SPMCC No. 6 of 2013 pending further orders.
- Applicant is to file and serve his Memorandum of Appeal within 5 days from today.
- The record of Appeal to be filled and served within 60 days from today.
- The costs shall be in the cause in respect of this Misc. Application.
Remedies
- Stay of execution pending further orders.
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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