Attorney General v Peter Ombuna Makori (Miscellaneous Application 1 of 2015) [2015] KEHC 1327 (KLR) (Civ) (14 October 2015) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1327
- Citation
- [2015] KEHC 1327 (KLR)
- Decided
- 14 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks extension of time to file and serve Memorandum and Record of Appeal, temporary stay of execution of judgment, and stay of execution of decree pending appeal.CoramR.E. Aburili, C.A. Adline
Holding
The application is dismissed as the applicant has not demonstrated that they deserve leave to file an appeal out of time and the application for stay is not deserved in the circumstances of this case.
Facts
The applicant seeks to file an appeal against a judgment and decree awarded to the respondent in 2006, claiming the judgment was underserved and that an appeal should have been filed after being briefed on 24th September 2014.
Issues
- Whether the applicant is entitled to an extension of time to file an appeal
- Whether the applicant is entitled to a temporary stay of execution of the judgment and decree pending appeal
Reasoning
The court finds the applicant's application unmeritorious and dismisses it, stating that the respondent will be prejudiced by further delay and that justice is for both parties.
Outcome
Application dismissed with costs to the respondent.
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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