Noah Mangara Meru & another v Barnabas Murimi Mbogo & 4 others [2016] KEHC 3015 (KLR)
- Court
- High Court of Kenya
- Case number
- 3015
- Citation
- [2016] KEHC 3015 (KLR)
- Decided
- 17 August 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplication for stay of execution and leave to appeal out of time
Holding
The application has merit, the delay has been explained adequately, and the intended appeal may be rendered nugatory if the stay of execution is not granted. The applicants are granted leave to appeal out of time and stay of execution pending the hearing of the appeal.
Facts
The applicants sought a stay of execution of a judgment awarding damages to the respondent, citing delays due to restructuring of their insurer's mailing department and their counsel's failure to file the appeal within the prescribed time.
Issues
- Whether the applicants satisfactorily explained the delay in filing the appeal
- Whether the court should exercise its discretionary power to grant leave to appeal out of time and stay of execution
Reasoning
The applicants' explanation for the delay was adequate, and the court found that the appeal was arguable and had high chances of success. The court granted the stay of execution and leave to appeal out of time.
Outcome
Granted
Orders
- Deposit Kshs 972,850/- into court
- Deposit Kshs 15,000/- as security for costs
- File appeal within 30 days
- Orders apply to Misc App No. 71 of 2016
Remedies
- Stay of execution pending appeal
- Leave to appeal out of time
Authorities cited
Legislation (2)
- 2010 Civil Procedure Rules
- Article 151 of the 2010 Constitution
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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