Daniel Mutinda Mutisya v Patrick M. Masila [2021] KEHC 2303 (KLR)
- Court
- High Court of Kenya
- Case number
- 2303
- Citation
- [2021] KEHC 2303 (KLR)
- Decided
- 9 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal out of time and setting aside judgmentCoramGeorge Dulu
Holding
Leave to appeal out of time is granted, and the judgment is set aside pending determination of the appeal.
Facts
Daniel Mutinda Mutisya filed an application seeking leave to appeal out of time and setting aside the judgment of Hon. Senior Resident Magistrate Mutegi delivered on 27/2/2020.
Issues
- leave to appeal out of time
- setting aside judgment
Reasoning
The court considered the period of delay, reasons for delay, arguability of the appeal, and the importance of compliance with time limits. The delay was explained, and the appeal was found to be arguable.
Outcome
Appeal granted, judgment set aside
Orders
- Leave to change advocate granted
- Judgment set aside pending appeal
- Costs awarded to respondent
Remedies
- Leave to appeal out of time granted
- Judgment set aside pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (2)
- Butt v Rent Restriction Tribunal (1982) KLR 412
- Mwangi v Kenya Airways Ltd (2003) KLR
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…