Joseph Muraguri Mbitu v Francis Ngari Wamunyu [2013] KEHC 1882 (KLR)
- Court
- High Court of Kenya
- Case number
- 1882
- Citation
- [2013] KEHC 1882 (KLR)
- Decided
- 26 September 2013
Leave to file appeal out of time is granted, and the applicant is ordered to file the appeal within 14 days. A temporary stay is granted pending the appeal, and the subordinate court is ordered to furnish the applicant with certified copies of the proceedings and judgment within 14 days.
Facts
Respondent sued the applicant for transferring 0.5 acres of land or refunding Ksh. 62,500 plus expenses. The applicant refunded Ksh. 62,500 by cheque and the subordinate court entered judgment for the refund.
Issues
- Enlargement of time to file appeal
- Stay of execution pending appeal
Reasoning
The court grants leave to file appeal out of time due to the applicant's inability to obtain typed copies of the proceedings and judgment in time. A temporary stay is granted pending the appeal.
Outcome
Leave to file appeal out of time granted, temporary stay granted pending appeal.
Orders
- Leave to file appeal out of time granted
- Temporary stay granted pending appeal
- Subordinate court to furnish applicant with certified copies of proceedings and judgment within 14 days
Remedies
- Leave to file appeal out of time
- Temporary stay of execution pending appeal
- Certified copies of proceedings and judgment
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 50 Rule 6
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