Andeson Njaramba Mugi & another (suing as administrators of the Estate of John Itotia Njaramba) v John Magu Wanyoike & another [2017] KEHC 8457 (KLR)
- Court
- High Court of Kenya
- Case number
- 8457
- Citation
- [2017] KEHC 8457 (KLR)
- Decided
- 16 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplication for extension of time to lodge appeal and stay of executionCoramApalo, J.A. (as he then was)
Holding
The application is granted on condition that the Applicants deposit the decretal sum in a joint interest earning account of the counsel for both parties or in court within 30 days from the date of the ruling.
Facts
The Applicants sought to extend time to lodge an appeal and obtain a stay of execution due to a delay in filing the appeal, while the Respondent opposed the application.
Issues
- Whether the appeal should be admitted out of time
- Whether there is substantial loss to the Applicants if the appeal is successful
- Whether the Applicants are ready to provide security for costs
Reasoning
The court considered the delay in filing the appeal, the risk of substantial loss, and the Applicants' readiness to provide security for costs. The court allowed the application under the condition of depositing the decretal sum.
Outcome
The application is granted with conditions
Orders
- The Applicants are ordered to deposit the decretal sum in a joint interest earning account of the counsel for both parties or in court within 30 days from the date of the ruling
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (3)
- Civil Procedure Act
- Interpretation and General Provisions Act
- Civil Procedure Rules
Cases cited (4)
- Tabro Transporters Ltd v Absalum Dova
- Wachira Karani v Bildad Wachira
- Kenya Shell Limited vs Kibiru
- National Industrial Credit Bank Ltd -Vs- Aquinas Francis Wasike & Another
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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