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Anna Koei Katonon v Clementina Jebet Barng'entuny [2014] KEHC 9 (KLR)

[2014] KEHC 9 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9
Citation
[2014] KEHC 9 (KLR)
Decided
27 February 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks a stay of execution of the decree and leave to file appeal out of time.CoramG. W. NGENYE - MACHARIA
Holding

The application is granted.

Facts

The Applicant was unable to file an appeal on time due to failing health and inability to communicate with her lawyer.

Issues

  1. Whether the stay of execution of the decree should be granted pending the hearing of the appeal.
  2. Whether the Applicant should be granted leave to file appeal out of time.

Reasoning

The court grants the application due to the Applicant's inability to file an appeal on time due to health issues and lack of communication with her lawyer.

Outcome

The application is granted.

Orders

  • A stay of execution of the decree is granted pending the hearing of the appeal.
  • The Applicant is granted leave to file appeal out of time.

Remedies

  • Stay of execution of the decree.
  • Leave to file appeal out of time.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • 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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