Nicholas Ouma Were v Victor Benard Wafula [2015] KEHC 709 (KLR)
- Court
- High Court of Kenya
- Case number
- 709
- Citation
- [2015] KEHC 709 (KLR)
- Decided
- 16 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to appeal and stay of execution of judgmentCoramF. TUIYOTT
Holding
The Court grants leave to appeal but denies the stay of execution
Facts
Applicant was the defendant in a previous case where he was found in default. He did not file an appeal within the prescribed time and was served with a judgment. He claims illness and lack of notice as reasons for delay.
Issues
- Whether the Applicant's delay in filing an appeal is unreasonable
- Whether the Respondent will be prejudiced by granting the stay of execution
Reasoning
The Court finds the delay reasonable and the Respondent not prejudiced, but grants leave to appeal.
Outcome
Leave to appeal granted, stay of execution denied
Orders
- Grant leave to appeal for 14 days
- Deny stay of execution
Remedies
- Costs of Notice of Motion
Authorities cited
Legislation (1)
- 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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