Samuel Kariuki & another v Joseph Waigwa Kimathi [2016] KEHC 3313 (KLR)
- Court
- High Court of Kenya
- Case number
- 3313
- Citation
- [2016] KEHC 3313 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal Out of Time and Motion for Stay of ExecutionCoramJ. K. SERGON
Holding
The Applicants are granted leave to file an appeal out of time and an order for stay of execution of the judgment pending appeal, subject to depositing the decretal sum of Kshs. 1,500,000 in an interest-earning account within 30 days.
Facts
On 9th October 2015, judgment was entered in the lower court for the Respondent against the Applicants, holding them 100% liable for an accident. The Applicants are dissatisfied with the judgment and seek to appeal out of time.
Issues
- Appeal out of time
- Stay of execution pending appeal
Reasoning
The court considers the Applicants' appeal as arguable due to the excessive damages awarded and grants leave to appeal out of time.
Outcome
Leave granted to appeal out of time and stay of execution pending appeal
Orders
- Leave granted to appeal out of time
- Order for stay of execution pending appeal
- Deposit of decretal sum in interest-earning account
Remedies
- Stay of execution pending appeal
- Deposit of decretal sum in interest-earning account
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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