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DOLPHIN COACHES LTD v BENSON KAMAU MIGWI & another [2008] KEHC 2150 (KLR)

[2008] KEHC 2150 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2150
Citation
[2008] KEHC 2150 (KLR)
Decided
18 July 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to appeal out of time and stay of execution of decree pending intended appealCoramH. P. G. WAWERU
Holding

The application for leave to appeal out of time is dismissed, and the application for stay of execution of decree is also dismissed.

Facts

The Applicant sought leave to appeal out of time and a stay of execution of a decree, but the lower court had no jurisdiction to grant such leave.

Issues

  1. leave to appeal out of time
  2. stay of execution of decree pending intended appeal

Reasoning

The court found that the Applicant did not provide good and sufficient cause for the delay in filing the appeal and dismissed the application.

Outcome

Application dismissed with costs to the Respondents

Orders

  • Application for leave to appeal out of time dismissed
  • Application for stay of execution of decree dismissed

Authorities cited

Legislation (2)
  • Civil Procedure Act, Cap 21
  • Civil Procedure 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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