Panij Automobiles Ltd & Timothy Kimanthi Nyamu v Patrick Mbogo Mbui (Suing as the legal representative of the Estate of Madrine Makena Mbogo (Civil Appeal 14 of 2015) [2018] KEHC 8145 (KLR) (26 February 2018) (Ruling)
- Court
- High Court of Kenya
- Case number
- 8145
- Citation
- [2018] KEHC 8145 (KLR)
- Decided
- 26 February 2018
The court finds that it has no jurisdiction to entertain the application for extension of time to file an appeal and strikes it out. The application for stay of execution is allowed.
Facts
The appellants filed an appeal challenging a judgment awarding damages to the respondent. The respondent deposited Kshs.1,900,000/= in court pending further agreement. The appellants sought to extend the time to file the appeal and a stay of execution.
Issues
- Whether the court has jurisdiction to entertain the application for extension of time to file an appeal.
- Whether the court has jurisdiction to entertain the application for stay of execution.
Reasoning
The court rules that the Court of Appeal has exclusive jurisdiction to grant extensions of time for filing appeals, and that the provisions of Section 7 of the Appellate Jurisdiction Act are rendered practically useless.
Outcome
The preliminary objection is upheld, and the application for stay of execution is allowed.
Orders
- The application for extension of time to file an appeal is struck out.
- The application for stay of execution is allowed.
Remedies
- The respondent is allowed to enjoy the fruits of his judgment.
- The deposit of Kshs.1,900,000/= is released to the respondent's advocates.
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Court of Appeal Rules
Cases cited (1)
- MARTIM VSKIBARU [2004] eKLR
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