Phares Njenga Kibaki & another v Vincent Kibor Chepkui & 3 others [2015] KEHC 2934 (KLR)
- Court
- High Court of Kenya
- Case number
- 2934
- Citation
- [2015] KEHC 2934 (KLR)
- Decided
- 17 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to appeal and stay of executionCoramJANET MULWA
Holding
Application dismissed without merit, leave to appeal out of time denied, stay of execution of the judgment and decree of the lower court dismissed.
Facts
The applicants sought to file an appeal against the judgment of the trial court and a stay of execution pending the appeal.
Issues
- Right to file an appeal out of time
- Stay of execution of the judgment
Reasoning
The court found the application without merit due to the delay in filing the appeal, lack of chances of success, and the potential prejudice to the respondents.
Outcome
Application dismissed with costs to the respondents
Orders
- Application dismissed without merit
- Leave to appeal out of time denied
- Stay of execution of the judgment and decree of the lower court dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Code
Cases cited (1)
- Asma Ali Mohamed -vs- Fatuma Mwinyi Juma (2014) e KLR
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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