Stephen K. Cheboi v Elijah Kitum & 3 others [2019] KEHC 842 (KLR)
- Court
- High Court of Kenya
- Case number
- 842
- Citation
- [2019] KEHC 842 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondents opposed the application for stay of execution and extension of time.
Holding
The court denied the application for stay of execution and extension of time.
Facts
The applicant lost a case in Eldoret CMCC 902 of 2009, where the court found he had not proven his case and the respondents had succeeded on their counterclaim. The applicant failed to file an appeal within the time limit due to lack of resources and the court's failure to serve him with notice.
Issues
- Whether the applicant should be granted a stay of execution
- Whether the applicant should be granted an extension of time and leave to appeal out of time.
Reasoning
The court found that the applicant did not demonstrate substantial loss would result from not granting the stay and that the application was merely a delay of the execution process.
Outcome
Denied
Orders
- No stay of execution was granted
- No extension of time and leave to appeal out of time was granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Joseph Gachie T/A Joska Metal Works v Simon Ndeti M
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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