Alice Chepkemoi Tonui & another (Suing as legal representatives of the estate of David Kibet Tonui) v Benard Wanjala Khaemba [2021] KEHC 1891 (KLR)
- Court
- High Court of Kenya
- Case number
- 1891
- Citation
- [2021] KEHC 1891 (KLR)
- Decided
- 19 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to appeal out of time and stay of executionCoramA. N. ONGERI
Holding
The Application dated 18/1/2021 and amended on 26/1/2021 be and is hereby dismissed with costs to the Respondents.
Facts
The judgment was delivered on 9/9/2020, and the applicant's advocate wrote an email advising an appeal on quantum. The appeal was not received by the applicant's advocates until 30 days after the deadline.
Issues
- Whether the time for lodging the intended appeal should be extended.
- Whether stay of execution should be granted.
Reasoning
The court finds it not necessary to grant a stay since the prayer for leave to appeal out of time has been declined.
Outcome
Dismissed
Orders
- Application for leave to appeal out of time be and is hereby dismissed.
- Application for stay of execution be and is hereby dismissed.
Remedies
- Costs to the Respondents.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Rules of Court
Cases cited (1)
- Butt vs. Rent Restriction Tribunal (1982) KLR 417
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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