Abdi Karimi Ali & another v Catherine Masitsa Hayadi [2020] KEHC 2076 (KLR)
- Court
- High Court
- Case number
- 2076
- Citation
- [2020] KEHC 2076 (KLR)
- Decided
- 23 October 2020
- Judge
- AN Ongeri
- Parties
- raw · defendants · plaintiffs
The Court has discretion to extend time for filing the appeal for 'good and sufficient cause'. The Applicant is allowed to file the appeal within 30 days of this ruling, and half the decretal sum is deposited in an interest-earning account held by both counsels.
Facts
The Judgment in a previous case was delivered on 30/4/2020, and the Applicants became aware of it on 26/6/2020. The Judgment was not filed within 30 days of its delivery.
Issues
- Whether the Applicant is entitled to leave to appeal out of time.
- Whether the delay is inordinate.
- Whether the intended appeal has chances of succeeding.
Reasoning
The Court found that the Applicant had 'good and sufficient cause' for the delay and that the delay was not inordinate. The Court also considered the merits of the appeal and found that it has a chance of succeeding.
Outcome
The Application is allowed with the terms that the intended appeal be filed within 30 days of this date, and half the decretal sum be deposited in an interest-earning account held by both counsels.
Orders
- The intended appeal be filed within 30 days of this date.
- Half the decretal sum be deposited in an interest-earning account held by both counsels.
- The Applicant bears the costs of this Application.
Remedies
- Extension of time for filing the appeal.
- Deposit of half the decretal sum in an interest-earning account.
Authorities cited
Legislation (2)
- Civil Procedure Act
- First American Bank of Kenya Ltd vs. Gulab P Shah & 2 Others Nairobi (Milimani) HCCC NO. 2255 of 2000
Cases cited (1)
- First American Bank of Kenya Ltd vs. Gulab P Shah & 2 Others Nairobi (Milimani) HCCC NO. 2255 of 2000
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