Peter Kariuki Kinyanjui & another v Margaret Ng’endo [2019] KEHC 7284 (KLR)
- Court
- High Court of Kenya
- Case number
- 7284
- Citation
- [2019] KEHC 7284 (KLR)
- Decided
- 15 May 2019
The Appellants' motion for enlargement of time is dismissed with costs, and the Respondent's motion for release of security funds is granted with costs.
Facts
The Respondent obtained a judgment in her favor in the lower court, awarding her KShs.2,000,000 in general damages. The Appellants appealed, but did not file the record of appeal within the stipulated time. The Respondent then moved to dismiss the appeal for want of prosecution and release the security funds.
Issues
- Whether the Appellants' motion for enlargement of time is valid
- Whether the Respondent's motion for release of security funds is valid
Reasoning
The Appellants failed to comply with the consent order to file the record of appeal within 30 days, leading to the dismissal of their appeal. The court cannot grant an enlargement of time due to the Appellants' default.
Outcome
Appeal dismissed, stay orders lapsed, security funds released.
Orders
- The appeal is dismissed with costs
- The stay orders are lapsed
- The security funds are released with costs
Remedies
- Costs awarded to the Respondent
- Security funds released
Authorities cited
Cases cited (2)
- Board of Trustees National Social Security Fund v Michael Mwalo [2015] e KLR
- Kenya Commercial Bank Ltd v Benjoh Amalgamated Ltd (1982) KLR 485
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