Amina Nassor v Nassim Shabir [2021] KEHC 4222 (KLR)
- Court
- High Court of Kenya
- Case number
- 4222
- Citation
- [2021] KEHC 4222 (KLR)
- Decided
- 30 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for leave to appeal out of time and stay of executionCoramNagillah
Holding
The court grants leave to file the appeal out of time due to a reasonable delay caused by the applicant's advocate.
Facts
The applicant is seeking to appeal a judgment from a magistrate's court, which ordered the respondent to pay damages for pain and suffering, future medical expenses, and special damages.
Issues
- Whether the court should grant leave to file the appeal out of time.
- Whether an order of stay of execution pending appeal should issue.
Reasoning
The court considers the delay reasonable and grants leave to appeal out of time, as the applicant was dissatisfied with the special damages award.
Outcome
Leave to appeal out of time granted
Orders
- Order to stay execution pending appeal
- Delivery of court file for appeal
Remedies
- Costs of the application to be determined by the outcome of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (4)
- Leo Sila Mutiso –vs- Rose Hellen Wangari Mwangi
- Feroz Begum Qureshi & Another –vs- Maganbhai Patel & Others
- Daphne Parry –vs- Murray Alexander Carson
- Andrew Kiplagat Chemaringo –vs- Paul Kipkorir Kibet
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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