Muya Chibanza Munga & another v Adnan Mohammed Omar & another [2020] KEHC 3491 (KLR)
- Court
- High Court of Kenya
- Case number
- 3491
- Citation
- [2020] KEHC 3491 (KLR)
- Decided
- 21 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at MalindiCoramHon. Justice R. Nyakundi
Holding
The court grants leave to file an appeal out of time and orders a stay of execution of the judgment.
Facts
The deceased, Fahima Mohammed Adnan, was a passenger in a vehicle with registration number KAR 928. The legal representative of the deceased filed a claim for damages against the intended appellants, Adnan Mohammed Omar and Khadija Kadzo Kahindi, for negligence.
Issues
- Whether the applicant has a reasonable reason for the delay in filing an appeal
- Whether the court should exercise discretion to extend time for the appeal
Reasoning
The court found that the applicant had not filed an appeal within the statutory time limit due to the non-issuance of a copy of the impugned judgment by the court. The court exercised its discretion to grant leave to file an appeal out of time.
Outcome
Leave to file an appeal out of time granted
Orders
- Leave to file an appeal out of time granted
- Stay of execution of the judgment in Civil Suit No. 423 of 2015 against the intended appellant/applicant
Remedies
- Costs of the application be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Salat v Independent Electoral & 7 others
- Paul Wanjohi Mathenge v Duncan Gichane Mathenge
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi Civil Application No. Nairobi 255 of 1997 (UR)
- Sayers v Clarke Walker
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.
Loading judgment…