Burhani Paints & Hardware v Mohamed Iqbal Abdulaziz & 2 others [2019] KEHC 199 (KLR)
- Court
- High Court of Kenya
- Case number
- 199
- Citation
- [2019] KEHC 199 (KLR)
- Decided
- 3 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at MombasaCoramP.J.O. OTIENO
Holding
The court grants leave to appeal out of time and grants a stay pending appeal, but the full decretal sum of Kshs.2,760,472.73, excluding costs, must be deposited in an interest-bearing account in the joint names of the advocates for the parties within 30 days from today.
Facts
The appellant filed an appeal against a judgment, but the advocates who filed the appeal were not on record in the lower court file before filing the appeal.
Issues
- Whether the appellant's appeal was filed out of time
- Whether the appellant's request for a stay pending appeal should be granted
Reasoning
The court found that the delay in filing the appeal was not inordinate and that the appellant's right to access the court was protected. The court also held that a Notice of Change of advocate is not required in this matter.
Outcome
Leave to appeal granted out of time, stay pending appeal granted
Orders
- The appellant files and serves a record of appeal within 60 days from today
- The file be placed before a Judge for perusal under the Civil Procedure Act
- Parties be at liberty to file and exchange submissions not later than 90 days from today
- If the appellant fails to effect the deposit or file a Record of Appeal as ordered, the stay hereby granted shall lapse and stand discharged
Remedies
- Deposit of the full decretal sum of Kshs.2,760,472.73, excluding costs, in an interest-bearing account in the joint names of the advocates for the parties within 30 days from today
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Jonathan Wepukhuli t/a Gati Cleaning Agency Limited vs Julius Odhiambo Oduor in Civil Appeal No. 82 of 2019 (Unreported)
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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