Onesmus Macharia Kimani v S K (Minor Suing through his Father and Next Friend L.K.K & another [2016] KEHC 6252 (KLR)
- Court
- High Court of Kenya
- Case number
- 6252
- Citation
- [2016] KEHC 6252 (KLR)
- Decided
- 10 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for extension of time to file a memorandum of appeal and record of appealCoramSAID J. CHITEMBWE
Holding
The application is allowed on the terms that the applicant deposits the decretal sum of Kshs.125,500 either in court or joint account of counsel for both parties within sixty (60) days. The applicant is to file the Memorandum of Appeal within 14 days.
Facts
S K was involved in a road traffic accident on 30th April 2011. He filed Malindi CMCC No. 111 of 2012 against the appellant. The trial court awarded him Kshs.125,000 as general damage plus costs and interests.
Issues
- Whether the applicant is entitled to stay execution of the decree and leave to appeal out of time
- Whether the delay in filing the application is reasonable
Reasoning
The court finds the explanation for the delay reasonable and excusable. The applicant is entitled to pursue his appeal.
Outcome
Allowed
Orders
- Deposit the decretal sum of Kshs.125,500 either in court or joint account of counsel for both parties within sixty (60) days
- File the Memorandum of Appeal within 14 days
Remedies
- Allow the application for extension of time to file a memorandum of appeal and record of 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.
Loading judgment…