Timwood Products Limited v Karachiwalla (Nairobi) Limited [2016] KEHC 4606 (KLR)
- Court
- High Court of Kenya
- Case number
- 4606
- Citation
- [2016] KEHC 4606 (KLR)
The court grants leave to file an appeal out of time and orders that such appeal shall be filed within 21 days from the date of this ruling. The court grants a stay of execution of the decree pending hearing and determination of the intended appeal on condition that the applicant deposits the whole of the decretal sum in a joint interest earning account to be opened and operated by both counsels for the parties hereto within 21 days from the date hereof.
Facts
The applicant, Timwood Products Limited, filed an application seeking leave to file an appeal out of time and a stay of execution of the judgment and decree of 5th October 2015 in Milimani CMCC 3522 of 2014, where judgment was delivered in the absence and without notice to the applicant's advocates.
Issues
- Whether the applicant has made out a case for grant of leave to file an appeal out of time.
- Whether the applicant has fulfilled conditions for the granting of stay of execution of decree pending hearing and determination of the intended appeal.
Reasoning
The court allows the appeal out of time due to the applicant's inability to file the appeal within the statutory period and the substantial harm that would result from the execution of the decree. The court grants a stay of execution pending the appeal to allow the applicant to continue its business.
Outcome
Leave to appeal granted and stay of execution granted.
Orders
- Order to file appeal within 21 days
- Stay of execution pending appeal on condition of security deposit
Remedies
- Stay of execution pending appeal
- Security deposit for the decretal sum
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Nicholas Kiptoo Arap Salat V IEBC & 7 Others SC Application 16/2014
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