Julius Lekuruito & another v Nottingham Mwangi & another [2018] KEHC 662 (KLR)
- Court
- High Court of Kenya
- Case number
- 662
- Citation
- [2018] KEHC 662 (KLR)
- Decided
- 29 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal Out of Time and Stay of ProceedingsCoramJ.N. MULWA
Holding
The court granted leave to appeal out of time and stayed the proceedings in Nakuru CMCC No.252/2012 pending hearing of the application.
Facts
A fatal road accident occurred, and the plaintiffs filed a suit in Nakuru Chief Magistrate's Court. The court dismissed the suit due to lack of territorial jurisdiction. The plaintiffs then sought to reconstruct the court file and apply for leave to appeal out of time and a stay of proceedings.
Issues
- Whether the applicant has made out a case for grant of leave to file an appeal out of time from the Magistrate's order dated the 3rd December 2015 in Nakuru CMCC No. 252 of 2012.
- Whether proceedings in Nakuru CMCC No.252/2012 should be stayed pending hearing and determination of the intended appeal, if the answer to I above is in the affirmative.
Reasoning
The court found that the plaintiffs had a valid reason for not filing the appeal within the statutory period due to the missing court file and that the appeal has high chances of success.
Outcome
The court granted leave to appeal out of time and stayed the proceedings.
Orders
- Each party shall bear own costs of the application.
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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