Pius Kilili t/a Baraka Mixed Day & Boarding Academy v Josephine Mbenzi Mwaura & another [2017] KEHC 3037 (KLR)
- Court
- High Court of Kenya
- Case number
- 3037
- Citation
- [2017] KEHC 3037 (KLR)
- Decided
- 6 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks to extend time for filing an appeal and to be granted leave to file an appeal out of time.CoramD.K. KEMEI
Holding
The court grants the application for a stay of execution, 14 days leave to file the appeal out of time, and a decretal sum to be deposited in an interest-earning account.
Facts
The applicant was represented by a different advocate during trial who did not have instruction to appeal, and his mother and daughter were hospitalized during the period within which he was meant to file the appeal.
Issues
- Whether the applicant's delay in filing the appeal is satisfactory.
- Whether the trial court had jurisdiction to entertain the matter.
Reasoning
The court considers the applicant's submissions and finds that the reasons for delay are satisfactory, and that the applicant has an arguable appeal.
Outcome
The court grants the application.
Orders
- Stay of execution of the judgment and decree Hon. E. Muiru (Miss) delivered on 2nd March, 2016.
- 14 days leave to file the intended appeal out of time.
- Deposit the decretal sum in an interest-earning account in the joint names of the firms of advocates of the parties herein within the next 30 days from this date.
- Costs shall abide the outcome of the appeal.
Remedies
- Stay of execution of the judgment and decree Hon. E. Muiru (Miss) delivered on 2nd March, 2016.
- 14 days leave to file the intended appeal out of time.
- Deposit the decretal sum in an interest-earning account in the joint names of the firms of advocates of the parties herein within the next 30 days from this date.
- Costs shall abide the outcome of the 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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