ELITE STUDIOS LIMITED & another v INTERCONTINENTAL HOTELS LIMITED [2006] KEHC 641 (KLR)
- Court
- High Court of Kenya
- Case number
- 641
- Citation
- [2006] KEHC 641 (KLR)
- Decided
- 6 December 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for extension of time and stay of executionCoramO.K. MUTUNGI
Holding
The court grants the application for extension of time and stay of execution, enlarging the time to file and prosecute the appeal by six months and extending the stay order until the appeal is heard and finally determined.
Facts
The appellants failed to file their appeal within the stipulated time by Visram J. on September 20, 2005. The Respondent argued that the appellants violated court orders and did not live up to the condition of prosecuting the appeal within four months.
Issues
- Whether the appellants should be granted an extension of time to file and prosecute the appeal
- Whether the stay of execution should be extended
Reasoning
The court found that the delay was not the appellants' fault and that the time given was not adequate to process the appeal matter. The court extended the time to file and prosecute the appeal and the stay order.
Outcome
Granted
Orders
- Extension of time to file and prosecute the appeal by six months
- Extension of stay order of execution until the appeal is heard and finally determined
Remedies
- Extension of time to file and prosecute the appeal
- Extension of stay order of execution
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Cap. 21, Laws of Kenya
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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