Nandi Tea Estates Ltd v George Ochieng Oduogo [2015] KEHC 6534 (KLR)
- Court
- High Court of Kenya
- Case number
- 6534
- Citation
- [2015] KEHC 6534 (KLR)
- Decided
- 22 January 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks leave to file an appeal out of time and a stay of execution of the decreeCoramLK
Holding
The court grants the application for leave to appeal out of time and a stay of execution of the decree
Facts
The Applicant, Nandi Tea Estates Ltd, was sued in Kapsabet PMCC No. 11 of 2011, where the Plaintiff, George Ochieng Oduogo, obtained a judgment for Kshs.91,500 less 30% contribution, plus costs. The Applicant failed to file an appeal within the prescribed time.
Issues
- Whether the Applicant should be granted leave to file an appeal out of time
- Whether the Applicant should be granted a stay of execution of the decree pending the intended appeal
Reasoning
The court finds that the delay in filing the appeal was not inordinate and that the Applicant has shown sufficient cause for the delay. The court also finds that the intended appeal has a high chance of success and that the Respondent would not suffer prejudice if the application is allowed.
Outcome
Granted
Orders
- Leave to appeal out of time granted
- Stay of execution of the decree granted pending the intended appeal
Remedies
- Deposit of the decretal amount in an interest earning account operated jointly by counsel for both parties or such security as the court may order for the due performance of the decree pending the outcome of the intended appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Kenya Commercial Bank Limited -vs- Kenya Planters Co-operative Union 2010 eKLR
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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