Abdi Ahmed Abdi v Jelle Abdi Ahmed [2015] KEHC 2075 (KLR)
- Court
- High Court
- Case number
- 2075
- Citation
- [2015] KEHC 2075 (KLR)
- Decided
- 9 October 2015
- Judge
- P Nyamweya
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal out of time and stay of executionCoramP. Nyamweya
Holding
The Court grants leave to appeal out of time and a stay of execution on condition that the Applicant deposits the decretal sum in a joint interest earning account.
Facts
The Applicant filed a Notice of Motion on February 19, 2015, seeking leave to appeal out of time and a stay of execution.
Issues
- Whether the Court should exercise its discretion in favor of the Applicant and grant leave to appeal out of time.
- If leave is granted, whether the leave should operate as a stay of proceedings.
Reasoning
The Court found that the Applicant's application was brought without unreasonable delay and that the Respondent is not a person of means, but the Applicant has not offered security.
Outcome
The Court grants leave to appeal out of time and a stay of execution.
Orders
- Leave to appeal out of time granted.
- Stay of execution granted on condition of security deposit.
Remedies
- Leave to appeal out of time.
- Stay of execution.
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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