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Peter Njeri & another v Sylvester Gachoka [2017] KEHC 1772 (KLR)

[2017] KEHC 1772 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1772
Citation
[2017] KEHC 1772 (KLR)
Decided
27 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of Resident Magistrate F. MuguongoCoramR. LAGAT KORIR
Holding

The court grants the applicants time extension to file their appeal out of time and grants a stay of execution pending the hearing and determination of the application.

Facts

The applicants were desirous of appealing a judgment and decree in Nakuru CMCC 1090 of 2014, but the time for appeal and the temporary stay of execution had lapsed.

Issues

  1. Extension of time for filing appeal
  2. Stay of execution pending appeal

Reasoning

The court grants the extension of time due to the applicants' reasonable explanation for the delay and the court's belief that the matter should be decided on appeal.

Outcome

Appeal granted

Orders

  • Extension of time for filing appeal
  • Stay of execution pending appeal

Authorities cited

Cases cited (2)
  • Banco Arabe Espanol V Bank of Uganda (1999) 2 EA 22
  • Mwangi V Kenya Airways Ltd (2003) KLR 486
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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