Mara Machineries Onsongo v Henzron Getuma Onsongo t/a Hegemons Auctioneers [2020] KEHC 874 (KLR)
- Court
- High Court of Kenya
- Case number
- 874
- Citation
- [2020] KEHC 874 (KLR)
- Decided
- 14 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks a stay of execution and leave to appeal out of time against a ruling and order given in Kisii Civil Application No. 141 of 2018.CoramR.E. Ougo
Holding
The court grants the applicant leave to appeal out of time.
Facts
The applicant paid Kshs. 38,609 to the respondent and filed an application seeking a stay of execution and leave to appeal out of time. The respondent argued that the application was filed in bad faith and was a waste of the court's time.
Issues
- Whether the applicant's appeal is time-barred.
- Whether the applicant should be granted leave to appeal out of time.
Reasoning
The court finds that the delay in filing the appeal was reasonably explained and that the applicant has a right to appeal. The court grants leave to appeal out of time.
Outcome
The court grants the applicant leave to appeal out of time.
Orders
- The applicant will file its appeal with 30 days from the date of this ruling and serve it on the respondent.
- In default, this order shall vacate.
Remedies
- Leave to appeal out of time.
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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