SARAH REDEMPTA NTHAMBI v EPHANTUS KARANJA MAINA [2009] KEHC 3310 (KLR)
- Court
- High Court of Kenya
- Case number
- 3310
- Citation
- [2009] KEHC 3310 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to extend time to file record of appealCoramH. M. OKWENGU
Holding
The court extends time to file record of appeal but sets aside stay of execution pending appeal
Facts
Appellant failed to file record of appeal within 30 days due to delay in obtaining typed copies of proceedings. Proceedings were ready for collection on 11th February, 2009.
Issues
- Whether to extend time to file record of appeal
- Whether to set aside stay of execution pending appeal
Reasoning
The court finds the applicant failed to comply with the condition of filing record of appeal within 30 days. The court exercises its discretion to extend time but notes the applicant's lack of zealousness in pursuing the appeal.
Outcome
The court extends time to file record of appeal but sets aside stay of execution pending appeal
Orders
- Extend time to file record of appeal
- Set aside stay of execution pending appeal
Remedies
- Allow respondent to execute decree
Authorities cited
Cases cited (2)
- Order XLIX Rule 5 of the Civil Procedure Rules
- Egerton University vs Republic [2004] 2KLR 132
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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