Simon Kyuli Kasese v Fidelis Mutua Kasese [2005] KEHC 856 (KLR)

Facts

The applicant was the defendant in SRMCC 204/00 but was not given an opportunity to call witnesses and was not notified of the judgment. He sought a stay of execution and later an appeal.

Issues

1. Reason for delay in filing appeal
2. Whether the applicant has clean hands

Reasoning

The court found the delay in filing the application to be inordinate and inexcusable, and the applicant failed to provide security as required. The court also found that the applicant did not come to court with clean hands.

Outcome

Application dismissed

Authorities cited