G. Issaias & Company Limited v Jane Njeri Waweru & another (suing as Legal representatives of the Estate of Damaris Waithera Wangui (Deceased) [2016] KEHC 395 (KLR)
- Court
- High Court of Kenya
- Case number
- 395
- Citation
- [2016] KEHC 395 (KLR)
The motion is allowed with the following orders: leave of 14 days to file an appeal out of time, and an order for stay of execution pending appeal on condition that the Respondent deposits Ksh.2,065,500/= in an interest-earning account in the joint names of the advocates and/or firms of advocates.
Facts
The Respondent, Damaris Waithera Wangui, was fatally injured by the Applicant's vehicle on August 24, 2010. The Respondents filed a compensatory suit against the Applicant. A consent order was recorded on liability on November 5, 2015, with the Applicant agreeing to shoulder 80% liability and the Respondents 20%. The trial court delivered a judgment on quantum on January 19, 2016.
Issues
- Whether the Applicant is entitled to extend time for filing an appeal out of time
- Whether an order for stay of execution pending appeal should be granted
Reasoning
The court granted the stay of execution pending appeal as the Applicant showed substantial loss if the order was denied, and the application was filed without unreasonable delay. The court also granted leave to appeal out of time due to the Applicant's explanation for the delay.
Outcome
The motion is allowed.
Orders
- Leave of 14 days to file an appeal out of time
- Order for stay of execution pending appeal on condition of security deposit
Remedies
- Stay of execution pending appeal
- Leave to appeal out of time
Authorities cited
Legislation (1)
- Civil Procedure Act
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