Kimbilio Daima Sacco Society Limited v Richard Bett [2019] KEHC 64 (KLR)
- Court
- High Court of Kenya
- Case number
- 64
- Citation
- [2019] KEHC 64 (KLR)
- Decided
- 6 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a subordinate court judgmentCoramGeorge Dulu
Holding
Leave to appeal out of time is granted, and the stay of execution is allowed on the same terms pending the hearing and determination of the appeal.
Facts
The appellant, Kimbilio Daima Sacco Society Limited, sought to appeal a judgment and decree in Sotik PMCC No.106 of 2016 against the respondent, Richard Bett. The appeal was filed five days outside the 30-day window for filing appeals.
Issues
- leave to appeal out of time
- stay of execution pending appeal
Reasoning
The court granted leave to appeal out of time due to the applicant's demonstration of good and sufficient cause, and allowed the stay of execution pending the appeal.
Outcome
Appeal granted, stay of execution allowed
Orders
- leave to appeal granted
- stay of execution allowed pending appeal
Remedies
- leave to appeal granted
- stay of execution allowed pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
Cases cited (3)
- Civil Procedure Act (cap.21)
- Constitution of Kenya
- Order 42 Rule 6 of the Civil Procedure Rules
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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