Patrick Castro Mwongela & another v Faith Mwende Nthiwa [2020] KEHC 2238 (KLR)
- Court
- High Court of Kenya
- Case number
- 2238
- Citation
- [2020] KEHC 2238 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal out of time and stay of executionCoramKiage J, Mativo J, Muchelulue J, Odunga J
Holding
Application dismissed with costs
Facts
The applicants were found 80% liable in a judgment delivered on 15th June, 2020, and ordered to pay Kshs 2,000,000 in damages. The judgment was appealed out of time due to a change in legal representation.
Issues
- competency of the application
- inaction leading to delay
Reasoning
The court found the application incompetent due to the lack of proper change of advocates and inaction leading to delay. The court also considered the merit of the appeal but ultimately dismissed it.
Outcome
Dismissed with costs
Orders
- Application dismissed
- No stay of execution granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (5)
- John Langat vs. Kipkemoi Terere & 2 Others (2013) eKLR
- Loise Wambui Karigu & another vs. Joel Gatungo Kiragu & Another [2016] eKLR
- LALJI BHIMJI SHANGANI BUILDERS & CONTRACTORS –VS- CITY COUNCIL OF NAIROBI [2012]eKLR
- MONICA MORAA –VS- KENINDIA ASSURANCE CO. LTD. [2010] eKLR
- Thuita Mwangi –vs- Kenya Airways ltd (2003) eKLR
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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