Onesmus Macharia Kimani v S K (minor suing thr' his father and next friend L K K & another [2015] KEHC 123 (KLR)
- Court
- High Court of Kenya
- Case number
- 123
- Citation
- [2015] KEHC 123 (KLR)
- Decided
- 26 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to stay execution of the decree and leave to appeal out of time.CoramSAID J. CHITEMBWE
Holding
The application for stay of execution is allowed, and the applicant is ordered to deposit the decretal sum of Kshs.125,500 within 60 days.
Facts
The respondent was involved in a road traffic accident on 30th April 2011. The trial court awarded the respondent Kshs.125,000 as general damage plus costs and interests.
Issues
- Delay in filing the appeal application
- Excessive damages awarded by the trial court
Reasoning
The court finds the delay reasonable and excuses it. The applicant is entitled to pursue his appeal.
Outcome
Allowed
Orders
- Deposit the decretal sum of Kshs.125,500 within 60 days
- File the Memorandum of Appeal within 14 days
Remedies
- Allow the application for stay of execution
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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