Martin Mulwa Mueni & another v Albert Simon Mwambo & another [2018] KEHC 6782 (KLR)
- Court
- High Court of Kenya
- Case number
- 6782
- Citation
- [2018] KEHC 6782 (KLR)
- Decided
- 15 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplication for leave to appeal out of timeCoramB. Thurana Jaden
Holding
The court grants the application and allows the appeal, with the decretal sum to remain in a joint interest earning account pending the hearing and determination of the appeal.
Facts
The Plaintiffs, Martin Mulwa Mueni and Boniface Angina, are the Administrators of the estate of Josephine Mueni Katuma. They seek leave to appeal against a judgment of the Magistrate's Court in Nairobi, CMCC 4569 of 2014, delivered on 8 March 2016, for the sum of Ksh.791,496/=.
Issues
- Whether the application for leave to appeal out of time should be granted
- Whether the delay in filing the appeal is inordinate
Reasoning
The court exercises its discretion to extend time for filing the appeal, noting that the delay in filing the appeal is not inordinate and that the applicants have provided a plausible explanation.
Outcome
The application is granted.
Orders
- The decretal sum of Ksh.791,496/= is deposited in a joint interest earning account pending the hearing and determination of the appeal.
- The costs of the application are awarded to the Respondent.
Remedies
- Leave to appeal out of time granted
- Decretal sum to remain in a joint interest earning account pending appeal
Authorities cited
Legislation (3)
- Civil Procedure Act
- Interpretation and General Provisions Act
- Civil Procedure Rules
Cases cited (1)
- Aviation Cargo Limited v St. Mark Freight Services Limited (2014) eKLR
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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