Monwalk Investment Ltd v Patrick Bakari Kweyu [2021] KEHC 4480 (KLR)
- Court
- High Court of Kenya
- Case number
- 4480
- Citation
- [2021] KEHC 4480 (KLR)
- Decided
- 27 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks extension of time to file an appeal and stay of execution pending appeal.CoramAganyanya, D.K. Kemei, Sergon
Holding
The application is dismissed as the Applicant has not satisfied the conditions precedent for the extension of time to file an appeal and the stay of execution pending appeal.
Facts
The Applicant filed a Notice of Motion seeking to extend time to file an appeal and stay execution of judgments in Milimani CMCC No. 5045 and 5054 of 2015. The Respondent opposed the application.
Issues
- Whether the Applicant has satisfied the conditions precedent for grant of an order of extension of time to file an appeal and an order of stay of execution pending appeal.
- Whether the Applicant has given sufficient reason for the delay in filing the appeal.
Reasoning
The judgment was delivered on 11th December, 2020, and the application was filed on 15th April, 2021. The Applicant has not provided a plausible explanation for the delay, and the Respondent contends that the Applicant has failed to give sufficient reason for the delay in filing the appeal.
Outcome
The application is dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Mwangi v Kenya Airways Ltd (2003) KLR
Cases cited (1)
- Alfred Iduvagwa Savatia vs. Nandi Tea Estate & Another (2018) eKLR
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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