Benjamin Deon Musau v Nairobi Bottlers Limited [2018] KEHC 9857 (KLR)
- Court
- High Court of Kenya
- Case number
- 9857
- Citation
- [2018] KEHC 9857 (KLR)
- Decided
- 23 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks leave to file a Notice of Appeal out of time and costsCoramJ.K. SERGON
Holding
The court allows the motion for leave to file the Notice of Appeal out of time and costs.
Facts
The Applicant sought to appeal a judgment finding a purported execution against the Respondent unlawful and setting aside the lower court's judgment.
Issues
- Whether there was reasonable excuse for the delay in filing the Notice of Appeal
- Whether the Applicant complied with the court order for security
Reasoning
The court finds the delay was caused by the advocate's mistake and there was no prejudice, thus granting the application.
Outcome
The motion is granted.
Orders
- Leave to file a Notice of Appeal out of time is granted
- The Notice of Appeal is deemed to have been properly filed and served
- Costs of the Application abide by the outcome of the appeal
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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