Edwin Kipng’eno Rono v Kenyatta Matibabu Sacco Society Ltd & another [2021] KEHC 3096 (KLR)
- Court
- High Court of Kenya
- Case number
- 3096
- Citation
- [2021] KEHC 3096 (KLR)
- Decided
- 7 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Co-operative TribunalCoramC.MEOLI
Holding
The court finds no merit in the second motion and dismisses it with costs to the 1st Respondent.
Facts
The Applicant, Dr. Edwin Kipng’eno Rono, sought leave to file an appeal out of time from a judgment of the Co-operative Tribunal and an order to stay execution of the judgment pending the appeal.
Issues
- Whether the court should grant leave to file an appeal out of time
- Whether the court should grant an order to stay execution of the judgment pending the appeal
Reasoning
The court found that the Applicant did not demonstrate substantial loss and that the Respondent had the ability to refund any monies paid.
Outcome
Appeal dismissed with costs to the 1st Respondent
Authorities cited
Cases cited (4)
- Anake 'Ma' Musyi Limited v Paul Kuya [2016] eKLR
- Equity Bank Limited v Richard Kerochi Ayiera [2020] eKLR
- National Industrial Credit Bank Ltd v Aquinas Francis Wasike and Another [2006] e KLR
- Kenya Hotel Properties Limited vs. Willesden Properties Limited, Civil Application No. 322 of 2006 (UR 178/2006)
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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