Susan Njoki Mwaniki (Suing as Administratrix of the Estate of Francis Mwaniki Theuri v Joseph Kiiru & another [2017] KEHC 6677 (KLR)
- Court
- High Court of Kenya
- Case number
- 6677
- Citation
- [2017] KEHC 6677 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Misc. ApplicationPostureApplication for extension of time to file and serve notice of appeal and stay of executionCoramR. NYAKUNDI
Holding
The court allows the application for stay of execution with conditional orders.
Facts
The applicant filed a notice of motion seeking extension of time to file and serve notice of appeal and record of appeal out of time due to the absence of the applicant and his counsel at the delivery of the judgement. The applicant claimed a strong appeal with high chances of success.
Issues
- Whether the applicant should be granted extension of time to file an appeal from the judgement of the lower court.
- Whether the applicant should be granted a stay of execution of the judgement pending the appeal.
Reasoning
The court finds that the applicant has demonstrated existence of a legitimate ground for an appeal with some prospect of success and will suffer substantial loss if the stay is not granted.
Outcome
The application is granted with conditional orders.
Orders
- Record of appeal to be filed and served within 14 days.
- Hearing of the appeal soon after service of the appeal.
- Deposit of Ksh.50,000 as security for costs pending the outcome of the appeal.
- Costs of the application to abide the final orders of the appeal.
Remedies
- Stay of execution of the judgement pending the appeal.
- Record of appeal to be filed and served within 14 days.
- Hearing of the appeal soon after service of the appeal.
- Deposit of Ksh.50,000 as security for costs pending the outcome of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (6)
- Antoine Ndiaye v African Virtual University
- Noor Mohamed Abdalla v Patel
- Stephen Somek Takwenyi & Another v David Mbutere Githare & 2 Others
- Macharia T/A Macharia & Co. Advocates v East African Standard (No 2)
- Firoze Nurali Hirji v Housing Finance Company of Kenya Limited & Another
- Patrick Waweru Mwangi & Ano. v Housing Finance Co. of Kenya Ltd
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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