Stephene Gitahi & another v Boaz Adagala Lumwangi t/a Boada Investment [2013] KEHC 5749 (KLR)
- Court
- High Court of Kenya
- Case number
- 5749
- Citation
- [2013] KEHC 5749 (KLR)
Summary at a glance
TypeMiscellaneous Civil ApplicationPostureApplication for stay of execution and extension of timeCoramSAID J. CHITEMBWE
The application dated 19.12.2012 lacks merit and is hereby dismissed with costs to the respondent.
Facts
The applicants filed an application seeking leave to appeal out of time and a stay of execution of a decree in Kakamega CMCC No.542 of 2010. The applicant was granted a stay of execution of 30 days. On 19.12.2012, he filed an application to extend the period by another 90 days or provide a Log Book as an alternative security.
Issues
- Whether the applicant should be granted an extension of time to deposit the decretal sum
- Whether the applicant should be allowed to provide a Log Book as an alternative security
Reasoning
The court found that the applicant had ample time to settle the debt and that allowing an alternative security was not appropriate in this case. The 90-day period requested by the applicant has elapsed, and he should have deposited the decretal sum as of now.
Outcome
Dismissed
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…