Shadrack Wambua Mutuku & Mununga Kianda Farmers Co Ltd v Mercy Ntibuka Mungania [2015] KEHC 5749 (KLR)
- Court
- High Court of Kenya
- Case number
- 5749
- Citation
- [2015] KEHC 5749 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Naivasha CMCC No. 981 of 2012CoramJUDGE
Holding
The application is granted, and the applicants are directed to file their appeal within 14 days of today's date.
Facts
The applicants and their insurers were not notified of the judgment in time to enable them to lodge an appeal within time. Advocates previously on record failed to file an appeal as instructed. The applicants wish to appeal the judgment due to belief in its high chances of success.
Issues
- Whether the delay in filing an appeal was inordinate.
- Whether the intended appeal has merit.
- Whether the applicants are likely to suffer irreparable harm if the decree or judgment is executed against them.
Reasoning
The court grants the application due to the applicants' belief in the appeal's merit and the likelihood of irreparable harm if the judgment is executed.
Outcome
Appeal granted
Orders
- The applicants are directed to file their appeal within 14 days of today's date.
- The Respondent is awarded the costs of the application.
Remedies
- Stay of execution of the judgment pending the hearing and determination of the intended appeal.
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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