Mombasa Maize Millers v Eluis Kinyua Gicovi [2020] KEHC 8347 (KLR)
- Court
- High Court of Kenya
- Case number
- 8347
- Citation
- [2020] KEHC 8347 (KLR)
- Decided
- 13 February 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal out of Statutory Time Limit and Stay of ExecutionCoramR. Nyakundi
Holding
The court grants the application for stay of execution on the condition that the applicant deposits Kshs.400,000 and files the appeal within 15 days.
Facts
The applicants failed to file an appeal within the statutory time limit due to a delay caused by the issuance of a judgment without notice and subsequent service of a demand letter.
Issues
- Appeal out of Statutory Time Limit
- Stay of Execution
Reasoning
The court found that the delay in filing the appeal was not deliberate and was due to circumstances beyond the applicant's control.
Outcome
The application for stay of execution is granted.
Orders
- Security of Kshs.400,000 to be deposited by the Deputy Registrar High Court
- Balance of decretal sum to be deposited with the Deputy Registrar pending appeal
- Leave granted to file the intended appeal
- Record of appeal to be filed and served within 30 days
- Stay of execution granted to preserve the subject matter
- Proclamation and attachment on applicant's property lifted on condition of payment of costs
Remedies
- Security of Kshs.400,000
- Stay of execution of the judgment appealed from
Authorities cited
Legislation (3)
- Civil Procedure Act
- Limitation of Actions Act
- Civil Procedure Rules
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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