Karwitha Sella Isaac & another v Family Debtors Choice Agencies & another [2021] KEELC 1965 (KLR)
- Court
- Environment & Land Court
- Case number
- 1965
- Citation
- [2021] KEELC 1965 (KLR)
- Decided
- 22 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureNotice of Motion for Leave to File Notice of Appeal and Stay of ExecutionCoramCockar Ag., Gicheru
Holding
The court grants the application for leave to file a notice of appeal out of time and a stay of execution.
Facts
The 1st defendant/applicant seeks leave to file a notice of appeal out of time and a stay of execution of the judgment/decree due to delays in filing the appeal.
Issues
- Whether the court has jurisdiction to extend time for the filing of the notice of appeal.
- Whether the prayer for stay of execution is merited.
Reasoning
The court grants the application based on the provisions of Section 7 of the Appellate Jurisdiction Act and the purpose of stay orders as explained in Mohamed Ali Sheikh v Abdiwahab Sheikh Osman Hathe & 3 others [2019] eKLR.
Outcome
The application is granted.
Orders
- Leave to file a notice of appeal out of time granted.
- Stay of execution of the judgment/decree granted.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Appellate Jurisdiction Act
Cases cited (4)
- Mohamed Ali Sheikh v Abdiwahab Sheikh Osman Hathe & 3 others [2019] eKLR
- Feisal Amin Jan Mohammed T/A Dunyia Forwarders vs Shami Trading Co. Ltd (2014) eKLR
- Masisi Mwita..Vs...Damaris Wanjiku Njeri (2016) eKLR
- Halal & Another..Vs...Thornton & Turpin Ltd (2016) eKLR
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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