Supa Hauliers Ltd v David Masinde Musungu [2015] KEHC 1358 (KLR)
- Court
- High Court of Kenya
- Case number
- 1358
- Citation
- [2015] KEHC 1358 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file appeal and stay of executionCoramMadan
Holding
The court grants the application for extension of time to file an appeal and stay the execution of the decree.
Facts
The applicant, Supa Hauliers Limited, seeks to extend the time to file an appeal and stay the execution of a decree due to an inadvertent misfiling of the case file.
Issues
- Whether the applicant has satisfied the conditions for the grant of leave to file an appeal out of time.
- Whether the applicant has satisfied the conditions for the grant of stay of execution of decree pending the hearing and determination of the intended appeal.
Reasoning
The court finds that the applicant has provided a reasonable explanation for the delay and that the conditions for granting leave to file an appeal out of time are met.
Outcome
The court grants the application.
Orders
- Extension of time to file an appeal
- Stay of execution of the decree pending the hearing and determination of the intended appeal
Remedies
- Extension of time to file an appeal
- Stay of execution of the decree
Authorities cited
Legislation (1)
- Civil Procedure Act, Cap 21 Laws of Kenya
Cases cited (1)
- Belinda Murai & Others (Supra)
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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