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Loise Ruguru Kimani v Nelson Ndege Gatimu [2008] KEHC 3618 (KLR)

[2008] KEHC 3618 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3618
Citation
[2008] KEHC 3618 (KLR)
Decided
12 February 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to review the dismissal of an application for stay of execution of decree.CoramJ. N. KHAMINWA
Holding

The application for review is dismissed with costs to the respondent.

Facts

The appellant filed an application for stay of execution of decree on 28/11/2005, which was dismissed by Justice Lenaola on 17/11/2004. The appellant also filed an appeal on 18/10/2005, but no steps were taken to proceed to hearing.

Issues

  1. Inordinate delay by the appellant in seeking review of the dismissal of the stay application.
  2. Inordinate delay by the appellant in filing the appeal.

Reasoning

The court found that the appellant had inordinate delay in both the application for review and the appeal, and that the application has no merit.

Outcome

Appeal dismissed

Orders

  • Application for review dismissed
  • Costs to respondent
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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