G. Issaias & Company Limited v Paul Kamau Kariuki & another [2016] KEHC 620 (KLR)
- Court
- High Court of Kenya
- Case number
- 620
- Citation
- [2016] KEHC 620 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks to extend time for appeal and stay executionCoramJ. K. SERGON
Holding
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.
Facts
The Applicant's vehicle caused the death of Damaris Waithera Wangui on August 24, 2010. The Respondents filed a compensatory suit, and both parties agreed on liability. Judgment was delivered on January 19, 2016, awarding the Respondents Ksh.2,581,875.
Issues
- Whether the Applicant is entitled to extend time for 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 due to the substantial loss the Applicant would suffer if the order is denied, and the Applicant has shown sufficient reason for the delay in filing an appeal.
Outcome
The motion is granted.
Orders
- Leave of 14 days to file an appeal out of time
- Order for stay of execution pending appeal on condition that the Respondent deposits Ksh.2,065,500 in an interest-earning account
Remedies
- Stay of execution pending appeal
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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